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War/Crimes And The Limits Of The Doctrine Of Sources, Steven R. Ratner

Book Chapters

International humanitarian law (IHL) and international criminal law (ICL) are the product of lawmaking processes that are not captured in the black-letter doctrine of sources under which Article 38 of the ICJ Statute is the rule of recognition for international law. Despite efforts by certain institutional players and scholars to place these two regimes squarely within Article 38, both remain distinct in terms of how actors determine whether a purported rule is a legal rule. These distinctions constitute a challenge to the idea of a unified rule of recognition and argue instead for looking for indicators (not rules) about a …

Under International Law, Must A Ship On The High Seas Fly The Flag Of A State In Order To A Void Being A Stateless Vessel? Is A Flag Painted On Either Side Of The Ship Sufficient To Identify It?, Barry Hart Dubner, Mary Carmen Arias

Faculty Scholarship

No abstract provided.

Making Democracy Harder To Hack, Scott Shackelford, Bruce Schneier, Michael Sulmeyer, Anne Boustead, Ben Buchanan, Amanda N. Craig Deckard, Trey Herr, Jessica Malekos Smith

University of Michigan Journal of Law Reform

With the Russian government hack of the Democratic National Convention email servers and related leaks, the drama of the 2016 U.S. presidential race highlights an important point: nefarious hackers do not just pose a risk to vulnerable companies; cyber attacks can potentially impact the trajectory of democracies. Yet a consensus has been slow to emerge as to the desirability and feasibility of reclassifying elections—in particular, voting machines—as critical infrastructure, due in part to the long history of local and state control of voting procedures. This Article takes on the debate—focusing on policy options beyond former Department of Homeland Security Secretary …

Investigative Journalism And Counter Terrorism Laws, Clive Walker

Notre Dame Journal of Law, Ethics & Public Policy

Since terrorism is now perceived as a primary and pervasive threat to state security, many states have adopted broad legal definitions of “terrorism” and, upon that basis, have enacted correspondingly expansive policing powers and criminal offences. As a dramatic instance of how these approaches, which affect major Western jurisdictions such as the U.S. and U.K., this paper will focus on the paradigm case of David Miranda. In August 2013, Miranda was transporting computer materials (including files from security agencies) supplied by Edward Snowden, a former contractor with the U.S. National Security Agency, to journalist Glenn Greenwald to assist ongoing disclosures …

The Equivalence Of Religion And Conscience, Lucien J. Dhooge

Notre Dame Journal of Law, Ethics & Public Policy

This Article examines issues posed by the equation of religious liberty with secular conscience, utilizing federal law and the law in those states which have adopted religious freedom restoration acts (RFRAs). The Article initially addresses the definition of religion through an examination of applicable literature and federal and state case law. The same approach is utilized to define conscience. The Article then examines similarities between the two concepts and the implications of their equivalence. The Article concludes that religion and conscience are moral equivalents that require equal legal treatment. However, equal treatment should proceed with caution in order to address …

Strengthening Cybersecurity With Cyberinsurance Markets And Better Risk Assessment, Jay P. Kesan, Carol M. Hayes

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

A Conversation Between U.S. Supreme Court Justice Sonia Sotomayor And Professor Robert A. Stein, Sonia Sotomayor

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Stranger Than Science Fiction: The Rise Of A.I. Interrogation In The Dawn Of Autonomous Robots And The Need For An Additional Protocol To The U.N. Convention Against Torture, Amanda Mcallister

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Distinction And Proportionality In Cyber War: Virtual Problems With A Real Solution, Cdr Peter Pascucci

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Targeting Decisions And Consequences For Civilians In The Colombian Civil Strife, Aaron X. Fellmeth, Douglas J. Sylvester

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Errors And Misconceptions In The 2015 Department Of Defense Law Of War Manual, Jordan J. Paust

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

From Al-Qaida In 2001 To Isil In 2015: The Security Council’S Decisions On Terrorism And Their Impact On The Right To Self-Defense Against Autonomous Non-State Actors, Alberto Alvarez-Jimenez

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Just Wars With Unjust Allies: Use Of Force And Human Rights Considerations On The Russian Intervention In Syria, Brendan Delany

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

The Quest For Justice: Joseph Kony And The Lord's Resistance Army, Christopher E. Bailey

Fordham International Law Journal

No abstract provided.

The Return Of The Unprovided-For Case, Michael S. Green

Georgia Law Review

The unprovided-for case is a puzzle that arises under
governmental interest analysis, the predominant choice-of-

law approach in the United States. As its name suggests,
in the unprovided-for case the law of no jurisdiction seems
to apply. There is a gap in the law. After its discovery by
Brainerd Currie in the 1950s, the unprovided-for case
proved to be an embarrassment for interest analysts and a
focal point for critics.
In 1989, however, Larry Kramer published an argument
that the unprovided-for case is a myth. There is no gap in
the law. Kramer's argument has been well-received, so
much so …

Autonomous Weapons And International Law, Christopher M. Ford

South Carolina Law Review

No abstract provided.

Always-Listening Technologies: Who Is Listening And What Can Be Done About It?, Arielle M. Rediger

Loyola Consumer Law Review

No abstract provided.

Generating Rembrandt: Artificial Intelligence, Copyright, And Accountability In The 3a Era--The Human-Like Authors Are Already Here- A New Model, Shlomit Yanisky-Ravid

Faculty Scholarship

Artificial intelligence (AI) systems are creative, unpredictable, independent, autonomous, rational, evolving, capable of data collection, communicative, efficient, accurate, and have free choice among alternatives. Similar to humans, AI systems can autonomously create and generate creative works. The use of AI systems in the production of works, either for personal or manufacturing purposes, has become common in the 3A era of automated, autonomous, and advanced technology. Despite this progress, there is a deep and common concern in modern society that AI technology will become uncontrollable. There is therefore a call for social and legal tools for controlling AI systems’ functions and …

The Process Of Reclaiming Tribal Sovereignty Through Healthcare Autonomy, Karolina A. Serhan

Honors Theses

This honors thesis explores the complex interplay between health status, healthcare, and tribal sovereignty among native communities in the United States. These relationships are explored through analyzing the paradoxical and condescending nature of the Federal Trust Responsibility in relation to government-organized healthcare programs for natives. In establishing this relationship, the thesis goes on to illustrate how native communities have effectively fought to regain sovereignty through reclaiming autonomy of their healthcare systems through the use of the 1975 Indian Self-Determination and Education Assistance Act. The impact of tribal-led healthcare systems is further explored through an in-depth case study conducted regarding the …

If It's In The Game: Is There Liability For User-Generated Characters' Likeness?, 16 J. Marshall Rev. Intell. Prop. L. 291 (2017), Jason Zenor

UIC Review of Intellectual Property Law

In cases like Keller and No Doubt v. Activision, the federal courts held that the use of celebrity's likeness was a violation of the right of publicity. In response, EA Sports suspended production of college sports games. But most games still allow for gamers to create their own avatars. With game systems now being connected, gamers can download user-created content many of which will have the likeness of famous people, thus circumventing the holdings in Keller and No Doubt. Accordingly, this article examines how this type of user generated content fits within the law of appropriation. First, this article discusses …

Restoring Rogers: Video Games, False Association Claims, And The “Explicitly Misleading” Use Of Trademarks, 16 J. Marshall Rev. Intell. Prop. L. 306 (2017), William K. Ford

UIC Review of Intellectual Property Law

Courts have long struggled with how to balance false association claims brought under the Lanham Act with the protections for speech under the First Amendment. The leading approach is the Rogers test, but this test comes in multiple forms with varying degrees of protection for speech. A substantial portion of the litigation raising this issue now involves video games, a medium that more so than others, likely needs the benefit of a clear rule that protects speech. The original version of the test is the simplest and the one most protective of speech. In 2013, the Ninth Circuit endorsed the …

The Karadžić Genocide Conviction: Inferences, Intent, And The Necessity To Redefine Genocide, Milena Sterio

Law Faculty Articles and Essays

This Article first discusses and analyzes the Genocide Convention and its strict definition of genocide and the "intent" requirement. It then focuses on the evolution of this definition in light of the recent Karadžić case. This Article demonstrates that in modern-day conflicts, the finding of genocidal intent may be an impossible task for the prosecution and that the ICTY Trial Chamber’s method of inferring intent based on knowledge and other indirect factors may be the only way that prosecutors will be able to obtain future genocide convictions. This Article then discusses a possible re-drafting and re-conceptualizing of the genocide definition …

The Federal Circuits’ Second Amendment Doctrines, David B. Kopel, Joseph G.S. Greenlee

Saint Louis University Law Journal

No abstract provided.

"Plausible Cause": Explanatory Standards In The Age Of Powerful Machines, Kiel Brennan-Marquez

Faculty Articles and Papers

The Fourth Amendment's probable cause requirement is not about numbers or statistics. It is about requiring the police to account for their decisions. For a theory of wrongdoing to satisfy probable cause-and warrant a search or seizure-it must be plausible. The police must be able to explain why the observed facts invite an inference of wrongdoing, and judges must have an opportunity to scrutinize that explanation.

Until recently, the explanatory aspect of Fourth Amendment suspicion-"plausible cause"-has been uncontroversial, and central to the Supreme Court's jurisprudence, for a simple reason: explanations have served, in practice, as a guarantor of statistical likelihood. …

Rain, Rain, Don’T Go Away: Cloud Seeding Governance In The United States And A Proposal For Federal Regulation, Melissa Currier

University of the Pacific Law Review

No abstract provided.

E. Bement & Sons V. National Harrow Company: The First Skirmish Between Patent Law And The Sherman Act, Amelia Rinehart

Utah Law Faculty Scholarship

In the 1890s, the Sherman Act presented a host of unknowns for patent owners and lax enforcement enabled the proliferation of trusts like the Harrow Trust embodied in the practices of National Harrow. Bement, a profligate license violator, ended up fighting the trust all the way to the Supreme Court, but the surprising outcome left an enduring impression on the interplay between antitrust and patent law. In this way, the case has been both important and forgotten over time. Given the outcome in Actavis, and the possibility for a change of personnel on the Court that may shift it further …

Year In Review Lecture, Milena Sterio

Law Faculty Articles and Essays

No abstract provided.

Sexual Minorities In Legal Academia: A Retrospection On Community, Action, Remembrance, And Liberation, Francisco Valdes

Articles

No abstract provided.

The Law Of Cyber Warfare: Restrictions, Opportunities And Loopholes, Nicholas Tsagourias

Canadian Journal of Law and Technology

The article considers the applicability of existing international rules on the use of force to cyber attacks and assesses their effectiveness. The author’s conclusion is that the current regime on the use of force fails to capture the particularities of cyber attacks and for this reason he makes some tentative proposals for enhancing security in this area.

Keynote Speaker Wrestling Tyrants: Do We Need An International Criminal Justice System?, Christopher L. Blakesley

University of the Pacific Law Review

No abstract provided.