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The Due Diligence Standard For Preventing Trans Boundary Cyber Harm: Expectation Or Obligation?, Dafina Bucaj Mar 2026

The Due Diligence Standard For Preventing Trans Boundary Cyber Harm: Expectation Or Obligation?, Dafina Bucaj

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

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Bruen As Heller: Text, History, And Tradition In The Lower Courts, Leo Bernabei Mar 2026

Bruen As Heller: Text, History, And Tradition In The Lower Courts, Leo Bernabei

Fordham Law Review Online

The Constitution and conventional wisdom suggest that lower courts must follow the most persuasive interpretations of U.S. Supreme Court precedent. But that does not always happen. Scholars recognize judicial under enforcement of Supreme Court precedent in several fields. This Essay contributes to this scholarship by analyzing lower court applications of New York State Rifle & Pistol Ass’n v. Bruen, in which the Supreme Court held that firearm laws must be consistent with the nation’s historical tradition of firearm regulation. The lower courts vary widely in their approaches to analyzing gun laws under this standard. On one end, a small …

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Taking The Profit Out Of War: Why International Law Requires Restitution Of Nazi-Looted Art, Raymond J. Dowd Mar 2026

Taking The Profit Out Of War: Why International Law Requires Restitution Of Nazi-Looted Art, Raymond J. Dowd

Fordham Law Review Online

No abstract provided.

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Polygyny Between Sharia, Custom And State Law As A Persistent Dilemma In Post-Soviet Kyrgyzstan, Zharkynbai Sebetov, Mairambek Tagaev Mar 2026

Polygyny Between Sharia, Custom And State Law As A Persistent Dilemma In Post-Soviet Kyrgyzstan, Zharkynbai Sebetov, Mairambek Tagaev

Occasional Papers on Religion in Eastern Europe

This article presents a comprehensive study of the century-long historical and legal evolution of state-imposed prohibitions on the institution of polygyny in Kyrgyzstan. The primary objective of the research is to evaluate the outcomes of a hundred years of repressive policies – originally classified as “crimes of daily life” (bytovye prestupleniya) during the early Soviet era–and to uncover the transformed legal paradoxes of this phenomenon today. Drawing on historical archival materials, Communist Party reports, and contemporary regulatory acts, the authors investigate the fundamental reasons why polygyny persists as a resilient “shadow” institution in Kyrgyz society despite its criminalization. Within the …

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From Phone Booths To Digital Booths: Rethinking Fourth Amendment Privacy In The Age Of Open Source Intelligence, Major Theodore H. Massey Iii Feb 2026

From Phone Booths To Digital Booths: Rethinking Fourth Amendment Privacy In The Age Of Open Source Intelligence, Major Theodore H. Massey Iii

Mercer Law Review

The use of Open Source Intelligence (“OSINT”) by the U.S. intelligence community marks a paradigm shift in national security practices, leveraging vast troves of publicly available and commercially acquired data. Yet this shift raises urgent constitutional questions regarding the applicability of the Fourth Amendment’s protections in the digital age. As OSINT practices increasingly rely on sophisticated aggregation techniques and artificial intelligence tools, the line between publicly available information and constitutionally protected privacy interests begins to blur. This Article critically examines whether certain forms of OSINT collection and analysis, particularly those that aggregate digital data at scale or use predictive algorithms, …

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In Memoriam: Professor Richard J. “Jack” Grunawalt, The Editors Feb 2026

In Memoriam: Professor Richard J. “Jack” Grunawalt, The Editors

International Law Studies

We remember Professor Jack Grunawalt, Feb. 2, 1934 – Sept. 22, 2025

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Seamless Security: Reforming Export Controls For A Stronger Allied Defense Industrial Base, Justin Belcher Feb 2026

Seamless Security: Reforming Export Controls For A Stronger Allied Defense Industrial Base, Justin Belcher

San Diego International Law Journal

Russia’s invasion of Ukraine and China’s accelerating military modernization underscore the need for the United States and its allies to reinforce their defense industrial bases to deter and prevail in future conflicts. This paper examines the historical and strategic foundations driving the need for export control reform, identifies key U.S. export control laws governing defense coproduction and co-development, and analyzes how current regulations constrain allied industrial integration. It concludes by proposing solutions to streamline export control regulations to improve the strength and resilience of the modern defense industrial base.

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A Commemoration: 75th Anniversary Of The Catholic University Law Review, Veryl V. Miles Feb 2026

A Commemoration: 75th Anniversary Of The Catholic University Law Review, Veryl V. Miles

Catholic University Law Review

This essay celebrates the 75th Anniversary of the Catholic University Law Review.  A retrospective of the law review’s first 50 years (1950-2000) was published in volume 50 by Professor Ralph Rohner.  Ralph J. Rohner, The 50th Anniversary of the Catholic University Law Review, 50 Cath. U. L. Rev. 267 (2001). Similarly, this essay reviews the law review publication experience and production output from 2001 through 2026, its contributions to the educational and scholarly development of student editors, student authors, and the greater body of legal scholarship.

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The U.S. Critical Minerals List: Between A Rock And A Hard Place, Wesley Peebles Feb 2026

The U.S. Critical Minerals List: Between A Rock And A Hard Place, Wesley Peebles

Fordham Environmental Law Review

Critical minerals are minerals found essential to economic and national security and vulnerable to supply chain disruptions. Congress and presidents from both political parties have actively promoted critical mineral production, offering up billions of dollars to secure mineral supply chains. The federal government has invested to increase domestic mineral production, grow global partnerships, and reinvigorate U.S. industry in an attempt to reduce the risk of supply disruptions for these valuable minerals. To identify which minerals are critical to the United States, Congress tasked the Secretary of the Interior, acting through the U.S. Geological Survey (USGS), to evaluate and identify a …

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Weather As A Weapon Of War: The Legality Of Cloud Seeding Under International Humanitarian Law, Fatemah Albader Feb 2026

Weather As A Weapon Of War: The Legality Of Cloud Seeding Under International Humanitarian Law, Fatemah Albader

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

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“I Plead Ignorance”: Autonomous Weapons And Criminal Liability For Not Knowing The Knowable, Jonathan Kwik Feb 2026

“I Plead Ignorance”: Autonomous Weapons And Criminal Liability For Not Knowing The Knowable, Jonathan Kwik

International Law Studies

This article argues that the unpredictability and unintuitive behavior of modern artificial intelligence provide more opportunities for users of autonomous weapon systems (AWS) to remain ignorant of risks posed by their systems to protected entities on the battlefield, and that this ignorance can be maintained even in iterative situations featuring a prior civilian casualty event. It demonstrates this theorem through illustrative targeting scenarios, before formalizing the argument through a model showing the evolution of an AWS-user’s mens rea as they receive notice of a prior incident, and choose to pursue—or not pursue—an inquiry. This analysis reveals a perverse incentive structure, …

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Project Risk Management In Ai-Enabled Systems: Managing Ethical, Privacy, And Governance Risks, Onome Cynthia Anakanire Feb 2026

Project Risk Management In Ai-Enabled Systems: Managing Ethical, Privacy, And Governance Risks, Onome Cynthia Anakanire

Harrisburg University Dissertations and Theses

This research examined how Artificial intelligence (AI) has been embedded in project-based work, particularly in finance and software industries, where it enables efficiency and assists in complex decision-making. However, these innovations introduce significant ethical, privacy, and governance risks that traditional project risk management frameworks fail to adequately address. This study investigated how project managers can systematically integrate the management of these emerging risks into AI-enabled projects. Using a qualitative research design, the study drew on semi-structured interviews with project managers, compliance officers, and AI developers in finance, software and related sectors. Supplementary data included internal project documentation and risk registers. …

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Emergency War Arrangements In Asean: A Comparative Analysis, Ardi Susanto, Qurrata Ayuni Feb 2026

Emergency War Arrangements In Asean: A Comparative Analysis, Ardi Susanto, Qurrata Ayuni

Indonesian Journal of International Law

The Hague Conventions include a general participation clause and is regarded as customary international law, meaning that ASEAN countries are considered bound by the norms contained within the convention. The declaration of war as stated in the Hague Convention III of 1907 was adopted in Article 11 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, which, to date, has not provided further regulations governing the implementation of legislative and executive powers concerning the declaration of war. Therefore, it is necessary to look at the constitutional arrangements for the state of war in ASEAN countries through comparative law …

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The Comparator Argument In Trans-Healthcare Ban Cases, Craig Konnoth Feb 2026

The Comparator Argument In Trans-Healthcare Ban Cases, Craig Konnoth

UC Law Journal

As states have increasingly restricted gender affirming care for minors across the nation (reinforced by a recent Executive Order by President Trump), and though the Supreme Court ruled on one such state ban, a powerful argument has largely been overlooked. This argument emphasizes the fact that transgender minors are not alone in receiving gender affirming care. Cisgender minors also receive such care for precisely the same reasons as transgender minors— unwanted breast tissue development, undesired hair growth, unusual vocal development, and puberty onset. Indeed, cisgender children receive such care at higher numbers than trans children, and many of the medications …

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Resolving Ranks: The Role Of Adr In Military Justice, Dane Puckett Feb 2026

Resolving Ranks: The Role Of Adr In Military Justice, Dane Puckett

Journal of Dispute Resolution

The United States (U.S.) Armed Forces is composed of seven military branches: Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, and Space Force. Each military branch has an alternative dispute resolution (“ADR”) program. These programs use a collection of techniques, generally informal and collaborative in nature, to resolve disputes as a substitute for litigation. The characteristics of ADR proceedings tend to produce quicker, less expensive outcomes compared to litigation. This very reason is why Congress enacted the Administrative Dispute Resolution Act (“ADRA”) of 1996, directing federal agencies to establish ADR policies and programs.

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Legislative Update, Steven Flanders, Brianna Ford Imm, Anna Miller, Katie Taafe Feb 2026

Legislative Update, Steven Flanders, Brianna Ford Imm, Anna Miller, Katie Taafe

Journal of Dispute Resolution

The Legislative Update tracks legislation related to alternative dispute resolution proposed and enacted in state legislatures nationwide. Under the guidance of the Associate Editor-in-Chief, Associate Members of the Journal of Dispute Resolution prepared this update. It includes articles examining specific bills and broader legislative trends across various states that the authors found particularly significant and impactful.

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Between Borders And Bodies: Sovereignty, Universality, And The Crisis Of Enforcement In International Law, Aliaa Riad Hassanien Aliaa Riad Jan 2026

Between Borders And Bodies: Sovereignty, Universality, And The Crisis Of Enforcement In International Law, Aliaa Riad Hassanien Aliaa Riad

Theses and Dissertations

Atrocities such as genocide and war crimes persist not despite international law, but within its very structure. Although international law is designed to protect humanity, it repeatedly fails to do so due to its inability to enforce its most fundamental norms. In the absence of enforcement, the law exists—but merely stands still. This failure stems from the structural contradictions embedded in the system—specifically, the tension between the principles of sovereignty and universality. As a result, international law has become a selective, politicized, and ineffective framework. Incidents such as the Rwandan genocide and the civil wars in Syria and Sudan demonstrate …

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Hermeneutics In History, John Fabian Witt Jan 2026

Hermeneutics In History, John Fabian Witt

Texas A&M Law Review

Lawyers sometimes ask about the place of history in legal or constitutional interpretation. Historians typically ask a different question. The historians’ inquiry is more often about the place of a phenomenon, like interpretation in history, not vice versa. Constitutional interpretation is itself a historical practice, with particular, changing, and contingent political structures. It is driven by relatively autonomous forces such as war, natural disaster, social mobilizations, migrations and exclusions, economic transformations, and more, all of which shape and condition lawyers’ interpretive projects. If we put interpretation in history, rather than the other way around, then interpretation and (by extension) constitutional …

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Pork Producers, Product Bans, And Petering Out Dormant Commerce Clause Extraterritoriality Inquiries, Sam Kalen Jan 2026

Pork Producers, Product Bans, And Petering Out Dormant Commerce Clause Extraterritoriality Inquiries, Sam Kalen

Akron Law Review

Constitutional commentary on the dormant Commerce Clause (DCC) reflects the Court’s persistent failure to appreciate how the clause’s contemporary application is problematic.  The 2023 Pork Producers case was a propitious opportunity for the Court to resolve lingering issues, such as whether the DCC ought to include an inquiry into whether a subnational regulation produces impermissible extraterritorial effects, or whether the Pike v. Bruce Church balancing test remains an apt function for the judiciary.  The Court squandered that opportunity, unfortunately.  And this article examines how that transpired.  It explores how product bans, such as the one adopted by California for humane …

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Modes Of Liability For Ai-Enabled Crimes In International Criminal Law, Antonio Coco Jan 2026

Modes Of Liability For Ai-Enabled Crimes In International Criminal Law, Antonio Coco

International Law Studies

As artificial intelligence (AI) technologies become increasingly embedded in human activity, the question of individual accountability for AI-enabled international crimes grows more pressing. This article examines how established doctrines of individual criminal responsibility under international criminal law—particularly the modes of liability recognized in the Statute of the International Criminal Court and in the jurisprudence of international criminal tribunals—may be applied to human actors who interact with AI systems in the commission of core international crimes. Through four hypothetical scenarios, the article explores varying forms of human involvement—from programming to deployment—and assesses whether existing modes of liability, such as perpetration, instigation, …

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Adversarial Comparativism: The Role Of Emotion In United States–China Comparative Law Projects, Matthew S. Erie Jan 2026

Adversarial Comparativism: The Role Of Emotion In United States–China Comparative Law Projects, Matthew S. Erie

Scholarly Articles in Law Reviews & Journals

Contemporary comparative law operates across a landscape riven by protectionism, nationalism, and securitization, all of which complicate comparative law projects. Nowhere is this more evident than in the U.S-China relationship, the most important bilateral relationship in the world. Despite economic “delinking,” the U.S. and Chinese legal systems are interacting more than ever; however, how this interaction works is poorly understood. This Article proposes “adversarial comparativism” to explain this dynamic. It is an approach to comparative law and politics that includes different modalities: competition, aggressiveness, transactionalism, misunderstanding, opportunism, and gaslighting. Many of these are underpinned by emotion. As such, while this …

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Ai-Enabled Decision-Support Systems In The Joint Targeting Cycle: Legal Challenges, Risks, And The Human(E) Dimension, Jessica Dorsey, Marta Bo Jan 2026

Ai-Enabled Decision-Support Systems In The Joint Targeting Cycle: Legal Challenges, Risks, And The Human(E) Dimension, Jessica Dorsey, Marta Bo

International Law Studies

Israel’s military campaign in Gaza as well as ongoing conflicts in Ukraine, Yemen, Iraq, and Syria include the reported military use of AI-enabled decision-support systems (AI-DSS) within the joint targeting cycle (JTC). These tools use AI techniques to collect and analyze data, provide information about the operational environment, and make actionable recommendations with the aim of aiding military decision-makers in evaluating factors relevant to legal compliance, such as taking precautions and ensuring proportionality in attacks. These systems are often touted as being simply a human aid and, as such, have flown largely under the radar regarding regulation as they are …

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Cultural Superimposition In Humanitarian Protection, Jocelyn B. Cazares Willingham Jan 2026

Cultural Superimposition In Humanitarian Protection, Jocelyn B. Cazares Willingham

Seton Hall Law Review

No abstract provided.

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Reviving Novorossiya: Russia’S Invasion Of Ukraine Under International Law Jan 2026

Reviving Novorossiya: Russia’S Invasion Of Ukraine Under International Law

Washington International Law Journal

Abstract: For nearly three years, the Eastern European nation of Ukraine has been entangled in a war it did not instigate, did not desire, but was forced into by its more powerful neighbor, Russia. Since the onset of the war, Russia has faced accusations of widespread atrocities, including severe violations of human rights, international humanitarian law, and breaches of other international norms. Following the inauguration of United States (US) President Donald Trump, there has been a renewed effort to bring both parties to the negotiating table and end the conflict. With the ongoing negotiations, there is no better time to …

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Hybrid Warfare: A Collection Of Scenarios, Adrian Borbély Jan 2026

Hybrid Warfare: A Collection Of Scenarios, Adrian Borbély

DRI Press

Hybrid Warfare is nothing new but it has increasingly made the news - even if most of it remains beyond our awareness. Hybrid Warfare gathers all methods through which countries wage war against each other beyond traditional military, diplomatic and economic battlefields (cyber attacks, disinformation, transnational organized crime, appropriation of natural resources, lawfare, corruption, etc.). Such below-the-surface foreign aggressions are not limited to localized regions where armed forces shoot at each other trying to take each other’s positions. In hybrid warfare, society as a whole is the battlefield. In other words, hybrid warfare is not the concern of a few, …

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Presidential Power And Global Finance: The Rise And Limits Of Financial Warfare, Michael Glanzel Jan 2026

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 …

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Challenging National Security List Designations In U.S. Courts, Ruowen Shi Jan 2026

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 …

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Cultural Superimposition In Humanitarian Protection, Jocelyn B. Cazares Willingham Jan 2026

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 …

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2026 Klatsky Endowed Lecture In Human Rights, Beth Van Schaack Jan 2026

2026 Klatsky Endowed Lecture In Human Rights, Beth Van Schaack

Case Western Reserve Journal of International Law

No abstract provided.

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Beyond Likes And Reposts: Social Media's Role In Warfare, Britney Arteaga Jan 2026

Beyond Likes And Reposts: Social Media's Role In Warfare, Britney Arteaga

St. Thomas Law Review

Social media has become a double-edged sword in our current digital era, bringing both serious advantages and disadvantages to the forefront of domestic and international discussions. Social media has become a weapon in political, cultural, and even military conflicts due to the spread of unregulated content, despite it enabling people to interact, share information, and voice their opinions. Social media has facilitated the spread of hate speech, propaganda, and false information, which in turn distorts realities and shapes narratives and opinions. Social media's effect on both a domestic and global scale have been catastrophic, ranging from promoting violence to further …

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