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Memoir: The Brain, Neuroethics, And Bioethics, Leslie C. Griffin

Scholarly Works

This Essay examines how developments in neuroscience (or brain science) affect our views of law, medicine, ethics, and religion. Part I shows how lack of clarity about brain death can lead to premature organ donation. Part II argues that health care too often provides inadequate brain care and incomplete rehabilitation. Part III explains why recovery may be possible for those braininjured patients who are told it is not. Part IV demonstrates how the fear of a brain-injured patient oddly affects my perspective on Tort and Criminal Law, which are being influenced by neuroscientific advances. Part V examines the new developments …

Cheap Violence: Weapons And The Law, Joseph Blocher, Darrell A. H. Miller

Public Law and Legal Theory Working Papers

A primary task of law is to control violence. Nearly every imaginable rule-of-law value depends on the success of that endeavor, and some of the most foundational works in legal and political theory begin with an effort to understand the relationship between law and violence. Many of those works were written during periods where the lines between law and violence were blurred, and current threats to the rule of law have sparked renewed interest in the structural interactions between law, violence, and the state.

Missing from this discussion has been a comparably deep analysis of the relationship between law and …

Prescribing Religion: The Ten Commandments On Classroom Walls, Samuel L. Bray, Nathan S. Chapman, Brent A. Strawn

Public Law and Legal Theory Working Papers

Several states have recently enacted laws requiring the display of the Ten Commandments in public schools. This Article considers the application of the Establishment Clause to these statutes. First, it examines the history of England and its North American colonies to show that a central feature of an established religion was the government’s prescription of particular religious beliefs and practices. Second, it demonstrates that choosing one version of the Ten Commandments to display in public school classrooms necessarily specifies particular religious beliefs. This is in contrast to expressions of generic providentialism that the founders understood the Establishment Clause to permit. …

Beyond Bathrooms: The Far-Reaching Consequences Of Denying Gender Identity In Adams V. School Board Of St. Johns County, Jeffrey Sun, Regina Umpstead Pratel

American University Journal of Gender, Social Policy & the Law

INTRODUCTION: The transgender community continues to face discrimination in United States society, and legal protections are unlikely to change anytime soon. Understanding the broader context of these challenges helps explain why some instances of discrimination in public schools may be overlooked or even supported by public officials. An examination of recent judicial rulings concerning transgender students’ access to restrooms corresponding with their gender identity—situated within the broader convergence of national legal and social developments—provides critical insight into the structural barriers faced by transgender students within the educational system and transgender individuals in society at large. Significantly, the growing visibility of …

‘Prov[Ing] What You Already Know’: The Overreliance On Medical Evidence In Adjudicating Ontario Disability Support Program Applications, Alison Imrie

Journal of Law and Social Policy

The Ontario Disability Support Program (ODSP) relies heavily on medical evidence when adjudicating applications. In doing so, it positions healthcare providers as the undisputed experts on applicants’ disabilities. This poses particular challenges for applicants with under-recognized or misunderstood medical conditions like Myalgic Encelphalomyelitis/Chronic Fatigue Syndrome (ME/CFS), who may struggle to obtain adequate medical care and thus adequate medical evidence for the purpose of ODSP applications. Through qualitative interviews with five individuals with ME/CFS who applied for ODSP, this paper illuminates the particular challenges faced by those with ME/CFS and other under-recognized disabilities in the ODSP application process. Drawing on literature …

Artificial Intelligence, Judicial Evolution, And Insurance, Renee Henson

Faculty Publications

AI-driven platforms have the potential to inflict traditional injuries in new ways. Proprietary algorithms trained on large volumes of personal data can cause mental, emotional, and sometimes physical injuries via conversational exchanges, harmful content recommendations, and the promotion of extremist content. This "algorithmic liability" fundamentally challenges existing legal doctrines and statutory protections, thereby exposing deficiencies in current insurance coverage frameworks. 

Historically, courts dismissed algorithmic liability claims early in litigation, invoking Section 230 immunity and First Amendment protections, and resisted classifying algorithmic tools as "products" for the purposes of products liability law. Recent jurisprudence, however, signals a critical turning point. On …

Why Boards Should Have Rotating Contrarians, Dana Brakman Reiser, Claire A. Hill

Articles

Too often, for-profit and nonprofit boards are too passive, deferential or both. Their failures to engage their critical faculties have resulted in serious harms as diverse as Boeing planes crashing and the NRA squandering millions of dollars. This article proposes a simple mechanism to stimulate critical thinking by individual directors and improve overall board dynamics: a designated contrarian position that rotates among members of the board. During her term, the contrarian’s job would be to raise objections to the organization’s proposed actions – or inaction. After their terms, each contrarian would resume her duties as a regular board member, replaced …

Reading Wars, Don Herzog

Books

Once again, we’re fighting wars over reading. Who gets to read? What do they get to read? These days, the right is obsessed with removing LGBTQ books from school and public library shelves and ensuring students read only the Correct version of American history. The left is obsessed with eradicating right-wing fantasies, not to mention outright lies, from the internet, and with airbrushing or even purging racist texts. You don’t have to stoop to whataboutery to notice a suspicious resemblance. But once again is wrong. We’ve always fought these wars, even if the enemies come and go. In this book, …

How We Failed Our Children By Failing Them: A Legal Analysis Of Scrapping Of No-Detention Policy In India, Debargha Roy, Sarthak Sahoo

National Law School of India Review

The ratification of the Convention of the Rights of the Child by India in 1992 obligated her towards developing legislation and interpreting laws in harmony with the convention in a child-centred manner to protect the best interests of the child. With the reading of right to education as a part of Right to Life under Article 21 of the Indian Constitution by the Supreme Court, followed by the insertion of Article 21A by the Parliament that guaranteed the right to free and compulsory education to children from the age of six to fourteen, there was a need to introduce a …

Glorifying Khaki: Policing, Power, And Copaganda In Hindi Cinema, Stuti Shah, Jyotika Tomar

National Law School of India Review

This article adopts US civil rights advocate Alec Karakatsanis’s conceptualisation of ‘copaganda’ to analyse the commercially successful ‘Cop Universe’ directed by Rohit Shetty, situating it within a broader socio-legal analysis of contemporary policing in India. It argues that copaganda in Hindi cinema recasts police officers not only as vigilantes, but also as embodiments of Hindutva and nationalist virility and a Brahmanical patriarchal order. In doing so, these films normalise extra-legal policing, obscure the structural realities of custodial violence and impunity, and reframe state violence as both necessary and morally desirable. The article situates these cinematic narratives alongside contemporary developments in …

Genomic Surveillance: Your Dna Is Not Neutral, You Don’T Even Own It., Uri Kim

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

What Is Hate Speech? A Proposal For An Ordinary And Legal Definition, Hannah Van Dijcke

SJD Dissertations

The term “hate speech” has been stretched in legal and public debates to cover speech ranging from insults to Holocaust denial. This definitional stretching has consequences beyond mere conceptual confusion: it risks obscuring the profound harm that hate speech does, and it facilitates the term’s misuse.

In this dissertation, I aim to precisely define hate speech and its harm, both in an ordinary (colloquial or non-legal) sense and in a legal sense. To do so, I examine real-world examples of speech widely understood to express hate, including texts from the context of the Holocaust and the Rwandan genocide, and conduct …

Dismantling The Whiteness Of Legal Education, Doron Samuel-Siegel

Law Faculty Publications

Whiteness is not merely a racial description. Whiteness operates as allegiance to structural racism. The quiet engine of racial hierarchy, whiteness pervades and shapes traditional legal education, rendering legal pedagogy a structurally racist enterprise. Legal education not only reproduces the racism embedded in the law and legal profession, but also obscures the ways legal doctrine, professional norms, and pedagogical practices normalize, protect, and make invisible the advantages that accrue to whiteness itself. In doing so, itproduces lawyers ill-equipped to dismantle structural injustice.

This Article breaks new ground in the scholarship on legal pedagogy by defining whiteness as it operates within …

Read But Not Understood? An Empirical Analysis Of Consumer Comprehension In Homeowners Insurance, Daniel Schwarcz, Brenda J. 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 …

Interpretive Facts: Textualism, Empiricism, And The Law-Fact Divide, Hannah Walser

Articles

This Article offers the first systematic examination of where empirical linguistic evidence should fit in the federal court system's division of labor based on law and fact. I begin by identifying interpretive facts : generalized empirical evidence about how a particular word or phrase has been used by a population of speakers, understood by a population of listeners, or both. Thanks to technological advances in corpus linguistics permitting the quantitative analysis of large numbers of texts, as well as methodological shifts that frame ordinary meaning as an empirical question, such facts are increasingly prominent in statutory and constitutional interpretation cases. …

The Trial Of Socrates, Jonathan Van Patten

Faculty Publications

In many important ways, the trial of Socrates was not just the trial of the century, nor even the trial of the millennium. It predated the trial of Jesus, which is important for many other reasons, but Socrates’ contribution to how we think about justice and the rule of law is without equal. This Article explores the ways that this fifth-century B.C. trial, located geographically on the margin of what came to be known as the West, is at the center of what makes us a civilization. It is not simply about the drama, nor the politics of free inquiry, …

Subversion By Design, Daniel Nicastro

Loyola Consumer Law Review

Dark patterns, in the words of the design expert who coined the term, are ".. . tricks used in websites and apps that make you do things that you didn't mean to, like buying or signing up for something."¹ The FTC, in its 2022 Staff Report on the subject, defined them similarly as ". . . design practices that trick or manipulate users into making choices they would not otherwise have made and that may cause harm."² Endemic to the digital retail space, dark patterns subvert consumer decision making, resulting in inflated spending, widespread privacy violations, and the …

The Limits Of Privacy Protection: Why Ai Chatbots Demand Coppa Changes, Jacob Yeskis

Loyola Consumer Law Review

No abstract provided.

Prevention Beyond Deterrence, Benjamin A. Barsky

Emory Law Journal

This Article reconceptualizes preventive justice—the public safety paradigm that seeks to prevent harm before it occurs. Scholars have long documented how cities have advanced this paradigm through largely punitive measures, notably variants of broken windows policing, which posit that aggressive misdemeanor enforcement deters more serious crime. Yet in the aftermath of the 2020 George Floyd protests, and as underscored recently in City of Grants Pass v. Johnson, these measures have faced a legitimacy crisis—prompting calls for nonpunitive responses to nonviolent incidents.

This Article establishes a preventive justice approach that advances health and safety without emphasizing crime deterrence. It draws …

Regulating Manipulative Design Is Not Preempted By Cda 230 Or The First Amendment, Brett Frischmann, Peter Ormerod

Emory Law Journal

For over two decades, there has been a heated debate among legal scholars, activists, judges, and others about the scope of Section 230 of the Communications Decency Act. A persistent theme in those debates has been hyperbolic claims about the necessity of immunity from state laws for digital tech platforms and fearmongering that anything less than maximum immunity will destroy the Internet.

This Article argues that states retain considerable discretion to regulate digital platforms’ design and engineering decisions. We argue that manipulation, engineered behavior, and even habituation and normalization of engineered behavior by digital platforms are content-agnostic harms attributable to …

Platform Polarization?, Matthew B. Lawrence

Emory Law Journal

This Essay explores what the ongoing politicization of Americans’ relationships to and through the technologies they use to interact online might come to mean for the workings of American government and for the constitutional law questions—especially First Amendment and separation-of-power questions—that depend on those workings. James Madison described the workings of government as a function of the interaction of human nature, law, and social movements (factions). From local newspapers to national magazines to radio to broadcast TV to cable news, experience has taught that a fourth variable—the communications technology through which people interact—is also critically important. In the recent era, …

Fluid Agency In Ai Systems: A Case For Functional Equivalence In Copyright, Patent, And Tort, Anirban Mukherjee, Hannah H. Chang

Research Collection Lee Kong Chian School Of Business

Modern Artificial Intelligence (AI) systems exhibit fluid agency in multi-step workflows: lacking human-like consciousness or culpability, yet they display behavior that is (i) stochastic (probabilistic and path‑dependent), (ii) dynamic (co‑evolving with user interaction), and (iii) adaptive (able to reorient across contexts). These properties generate valuable outputs but collapse attribution, irreducibly entangling human and machine inputs. Doctrines that assume traceable provenance—authorship, inventorship, and liability—fracture under this unmappability, yielding ownership gaps and moral “crumple zones.”This Article argues that only functional equivalence stabilizes doctrine under unmappability: Where provenance is indeterminate, legal frameworks should treat human and AI contributions as equivalent for allocating rights …

The International Order, International Law, And The Definition Of Security, Harlan Grant Cohen

Michigan Journal of International Law

As economic security has seemingly moved to the center of American and European foreign policy, both the United States and the European Union have broadened their interpretation of international law rules governing security, coercion, and intervention. But these interpretations are not exactly new, echoing developing state interpretations of international law that developed states had long ago seemingly rejected. How are these once moribund interpretations of security, force, and coercion being brought back to life?

This article argues that these interpretative shifts highlight the role of the international order as an interpretative mechanism within international law. Borrowing from the work of …

Menstrual Leave In Spain, Lidia De La Iglesia Aza

Dispatches

This dispatch aims to outline a new regulation in Spain regarding menstrual leave as a social security benefit that allows women to take paid leave from work in cases where menstruation-related reasons prevent them from performing their duties. To this end, it looks at menstrual health as a workplace issue in general, before turning to menstrual leave regulation in Spain and its novelties, challenges and remaining controversies.

Legal Professional Identity Development: An Exploration Of The Social And Emotional Processes By Which Law Students Transition From Novices To Professionals, David Hall Abney Ii

Theses and Dissertations--Communication

This dissertation seeks to heed the call for expansion of instructional communication research (ICR) beyond the undergraduate classroom and undergraduate learning objectives by exploring older learners and higher-order affective learning objectives. Legal professional identity development (LPID) is a discipline-specific type of higher-order affective learning that is conceptualized as a continuous nonlinear process that begins in law school and extends throughout a lawyer’s career, involving the internalization of the legal profession’s core values and norms and their integration with an evolving identity. Using a pragmatic ICR approach and a mixed-methods design, Phase 1 employed individual interviews and focus groups to investigate …

Trust Is Difficult To Gain, Yet Easily Broken: The Impact Of Negative Police Encounters On Police–Community Relations, Brooke J. Pirozek

Honors College Theses

Trust between law enforcement agencies and their respective communities is arguably one of the most contentious issues within contemporary criminal justice research in the United States. This is because, despite the fact that law enforcement institutions rely significantly on the public's assistance and cooperation in fighting crime and enforcing social order, there still exist negative relations between law enforcement and their communities, mainly attributed to feelings of unfair treatment, abuse of power, and a lack of accountability. This study seeks to understand the role of negative police encounters in shaping community trust and perceptions of police legitimacy, with a special …

Comparative Visions For U.S. Group-Based Asylum Proposal, Lauren N. Hughes

Scholarly Articles

Images of asylum seekers and migrants desperate to enter the United States at the southern border abound in U.S. media. Less familiar to the American public, but intertwined with the highly politicized modern migration crisis, is the ever-growing backlog of pending asylum applications before both the Asylum Office and Immigration Courts. This backlog has many causes, including underresourced agencies, a growing number of asylum applicants, the high evidentiary burden and complexities inherent to asylum law, and the lack of counsel for many asylum seekers. In response to this crippling backlog, some scholars propose the adoption of a “group-based” asylum mechanism. …

Priority Treatment Of Fraud Claims In Bankruptcy, John P. Hunt

Emory Bankruptcy Developments Journal

No abstract provided.

Bankruptcy’S Blind Spot: An Examination Of How The System Turns Its Back On Mentally Ill Debtors, Ashley Deady

Emory Bankruptcy Developments Journal

No abstract provided.

Cruel Deference: State Narratives, Credibility, And Power In Convention Against Torture Adjudications, Amelia S. Mcgowan

Saint Louis University Law Journal

U.S. courts and the Board of Immigration Appeals (“BIA”) have long treated the U.S. Department of State’s Country Reports on Human Rights Practices as uniquely authoritative sources for determining country conditions in claims for immigration protection. In its 2025 precedential opinion Matter of A-A-R-, the BIA extended this deference to claims for protection under the Convention Against Torture (“CAT”). This decision and others like it raise the question: whose voice matters most when evaluating the likelihood that an applicant faces torture, and why?

This Article critically examines the evolution of the Country Reports’ authoritative role in U.S. protection …