Digital Commons Network^™

Being And Becoming In The Algorithmic Age, Bernard E. Harcourt

Faculty Scholarship

To change the world: the prerequisite, most often, is to change our experience of the world, to experience the world differently, to be shaken to our foundations, to have one’s sense of self shattered. That is a process of both being and becoming. In order to turn that process in our favour, in this age of artificial intelligence, it will be crucial to transform data and algorithms into bits of justice.

Liquid Power: Myths, Realities, And Policy Responses To Wall Street's Takeover Of Water Markets, Vanessa Casado-Pérez

Faculty Scholarship

In Don Quixote, there is a moment when all the knightly novels are thrown into the fire for their fantastical depictions of chivalry. Yet one book is spared: Tirant lo Blanc. It is saved because, unlike the others, it portrays knights who die in their beds-offering a more realistic depiction of medieval battles. Similarly, Liquid Asset stands out as the book that should be preserved from the extensive body of scholarship on water markets. Many works in this field are influenced by ideological biases that shape their analyses. In contrast, Buzz Thompson's books provides the nuance and balance often lacking …

The Role Of Proactive Management Based Regulation In Assisting Lawyers And Promoting Public Protection, Susan Saab Fortney

Faculty Scholarship

Increasingly, jurisdictions around the world are exploring and implementing proactive, management-based regulation (PMBR) as an alternative to traditional regulatory approaches that discipline attorneys after misconduct occurs. This essay examines the proof and potential of PMBR to empower lawyers and enhance public protection, while transforming the relationship between regulators and practicing lawyers. The essay is based on the Distinguished Lecture the author delivered at the Joseph G. Miller and William C. Becker Center for Professional Responsibility at the University of Akron School of Law.

Masthead

Washington and Lee Law Review

No abstract provided.

“Small” Voices, Big Wins: Analyzing Remedies In Children’S Climate Cases, Maria Antonia Tigre

Washington and Lee Law Review

Children’s climate litigation has emerged as a powerful tool to address the climate crisis, with young plaintiffs around the world taking governments and corporations to court to demand climate action. This Article examines successful cases—those in which relief sought by the applicants was fully or partially granted—across five continents, providing an “around the world” perspective on the evolution and impact of youth-led climate litigation. Focusing on landmark cases in Australia, Colombia, South Africa, South Korea, and the United States, this analysis highlights the arguments presented by young plaintiffs and the judicial reasoning that supported the relief granted. Through a comparative …

Measuring How Much Judges Matter For Case Outcomes, Ryan W. Copus, Ryan Hübert

Faculty Works

A large empirical literature examines how judges’ traits affect how cases get resolved. This literature has led many to conclude that judges matter for case outcomes. But how much do they matter? Existing empirical findings understate the true extent of judicial influence over case outcomes since standard estimation techniques hide some disagreement among judges. We devise a machine learning method to reveal additional sources of disagreement. Applying this method to the Ninth Circuit, we estimate that at least 38% of cases could be decided differently based solely on the panel they were assigned to.

Bonehead Non-Proliferation Redux, David A. Koplow

Georgetown Law Faculty Publications and Other Works

Since the publication of my 1993 Fletcher Forum article “Bonehead Non-Proliferation,” three vitally important international developments regarding nuclear weapons have materialized. First, the 1968 Nuclear Non-Proliferation Treaty, an essential linchpin for global security, was extended by its parties in 1995 into a permanent agreement—a tremendous outcome that was not certain when my original article was published. Second, the Comprehensive Test Ban Treaty, globally prohibiting all nuclear explosions, was concluded in 1996—my article focused on the imperative for crafting such an instrument. Third, a group of distinguished senior U.S. government security officials succeeded in reviving the concept of the complete abolition …

Garcia V. State, 141 Nev. Adv. Op. 16 (Apr. 17, 2025), Grace Michaelson

Nevada Supreme Court Summaries

THE DISTRICT COURT PROPERLY DENIED RELIEF BECAUSE PAROLE ELIGIBILITY FOR JUVENILE NONHOMICIDE OFFENDERS ARISES BY OPERATION OF LAW AND DOES NOT REQUIRE RESENTENCING OR CORRECTION OF A LAWFUL JUDGMENT.

Politics And Institutional Change: The Water Commission Act Of 1913, Mark Kanazawa

Department of Economics Working Paper Series

Economists have long argued that increasing resource scarcity can lead to more clearly defined individual property rights, but the precise mechanism whereby this occurs remains unclear to this day. This paper documents the role of politics in shaping the creation of individual property rights within the context of appropriative water law in early 20th century California, finding evidence of both party ideology and interest group influence in establishing a new system for administering appropriative water rights.

0893: Maurice G. Burnside Collection, 1793-2003, Marshall University Special Collections

Guides to Manuscript Collections

This collection was deaccessioned from East Carolina University to Marshall University Special Collections. The original processing, organizing, and files were maintained in this transfer. The only change that has been made is the addition of the new accession number to the existing folders.

The bulk of this collection pertains to Dr. Burnside’s congressional and political activities (1945-1956) and is composed largely of scrapbooks, newspaper clippings, and photographs. Materials reflect the time and effort Dr. Burnside directed towards environmental issues, unemployment, the problems faced by small businesses and farmers, and the promotion of tariffs on foreign products that competed with local …

An Exhibition And Protest Of Executions In Iran, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

An exhibition and protest of executions in Iran was held in Washington, D.C. in June 2025. Portraits of 2000 men and women who were killed or executed in Iran since the 1980s were displayed on the National Mall in front of the Capitol. The Iranian Resistance estimates that 30,000 activists were massacred in one period in 1988. Executions of prisoners have continued steadily, making Iran the world’s leading executioner of men and women. In recent years, there has been a sharp escalation in the number of executions of prisoners. A United Nations Special Rapporteur reported that over 800 persons were …

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 3

Cardozo International & Comparative Law Review

No abstract provided.

Benjamin Ferencz In The Cold War, Noah Weisbord

Cardozo International & Comparative Law Review

The article explores Benjamin Ferencz's advocacy for international law and his role in shaping the legal frameworks of the post-World War II era, particularly his efforts to define aggression and establish the International Criminal Court. It contrasts Ferencz's idealism with the pragmatic approaches of Henry Kissinger and the diplomatic strategies of Dag Hammarskjold, highlighting the challenges of the Cold War international order and its failure to address individual threats, exemplified by A.Q. Khan's nuclear proliferation.

Furthering The Legacy Of Benjamin B. Ferencz: Amending The Rome Statute’S Jurisdiction Over The Crime Of Aggression, Jennifer Trahan

Cardozo International & Comparative Law Review

The article advocates for amending the Rome Statute to strengthen the International Criminal Court's (ICC) jurisdiction over the crime of aggression. It argues that the current jurisdictional regime, established by the 2010 Kampala amendments, is too limited, creating double standards and undermining the rule of law. The author calls for harmonizing the ICC's jurisdiction over the crime of aggression with its jurisdiction over other crimes, such as genocide and war crimes, to ensure consistent and universal accountability.

The Unique Function Of The Crime Against Humanity Of Other Inhumane Acts In The Progressive Development And Codification Of International Criminal Law, David Donat Cattin

Cardozo International & Comparative Law Review

The article explores the evolution and role of "other inhumane acts" as a residual category within the definition of crimes against humanity, tracing its development from the Nuremberg trials through the Rome Statute of the International Criminal Court (ICC). It highlights the potential of this category to adapt to new forms of atrocities and discusses the challenges and opportunities in aligning future treaty developments with existing legal frameworks.

Exceptions To The International Customary Law Rule On Head Of State Immunity Under International Criminal Law, Daniel D. Ntanda Nsereko

Cardozo International & Comparative Law Review

The article examines the tension between head of state immunity and the pursuit of justice in international criminal law. It argues that while some nations and regional bodies, like the African Union, assert immunity for heads of state, international institutions such as the International Criminal Court (ICC) reject this principle, emphasizing the rule of law and accountability. The ICC's jurisdiction, particularly through UN Security Council referrals, overrides state consent, challenging traditional notions of immunity. The article posits that states must adhere to their treaty obligations, such as the Rome Statute, and cannot unilaterally opt out for political expediency, reinforcing the …

No More Mixed Message, Missing Money: Revisiting The Birth Of Icl’S Victim Restoration-Reparations Regime To Conceptualize Its Modern Reform, Gregory S. Gordon

Cardozo International & Comparative Law Review

The article argues that the International Criminal Court's (ICC) system for victim reparations is fundamentally flawed due to mission dissonance between its punitive and restorative goals, insufficient funding, and procedural limitations. It proposes the creation of an independent Atrocity Victim Reparations Tribunal (AVRT) under the UN to address these issues, ensuring more effective and victim-centered reparations.

Using Ai To Promote Student Learning Through Preparation For And Reflection About Simulations, John Lande

Faculty Publications

This article provides model language for a course assignment in which students use artificial intelligence (AI) tools to prepare for and reflect on simulations. The assignment promotes deep learning and supports formative assessment by helping faculty see how students think, make choices, and develop insights. Students upload the simulation materials and the assignment to an AI tool, use it to plan for the simulation, and return to the same chat afterward to reflect. They then ask the AI to generate a draft paper, which they revise using the Track Changes feature in Word. Faculty can use the same feature to …

From One Stolen Generation To Another: Replicating Trevorrow In American Courts, Jennifer Grubman

Cardozo International & Comparative Law Review

The note examines the historical injustices of Indian boarding schools in the United States and argues that survivors may assert fiduciary duty claims under the Indian Tucker Act to seek redress for the government’s mismanagement of tribal funds and the cultural trauma caused by these institutions. It critiques the lack of a nationwide reparations scheme and highlights the challenges posed by the statute of limitations in pursuing legal remedies. The analysis draws parallels to the Stolen Generations in Australia and emphasizes the need for a multifaceted approach to address the intergenerational harm inflicted by these policies.

Don’T Let History Repeat Itself: What The Western Sahara Conflict Can Learn From The Israeli-Palestinian Conflict, Jack Berroug

Cardozo International & Comparative Law Review

The note examines the ongoing conflict over Western Sahara, focusing on Morocco's claims of sovereignty and the international legal framework upholding the Sahrawi people's right to self-determination. It critiques Morocco's historical arguments and advocates for increased U.N. intervention to prevent escalation, while also suggesting political compromises, such as Morocco's autonomy plan, to resolve the dispute.

Bodies Are Not Battlegrounds: Sexual And Gender-Based Violence As A War Tactic: A Ukrainian Case Study, Marina Coriale

Cardozo International & Comparative Law Review

The note examines the use of sexual and gender-based violence (SGBV) as a weapon of war, with a focus on conflict-related sexual violence (CRSV) in Ukraine. It highlights the legal frameworks and precedents established by international courts and tribunals, such as the Rome Statute, the ICTY, and ICTR, to prosecute CRSV as war crimes, crimes against humanity, and genocide. The analysis underscores the challenges faced by survivors in seeking justice and the importance of addressing root causes like gender inequality. It advocates for strengthened legal mechanisms, accountability, and reparations to promote healing and deter future atrocities.

Catching Up To Technology: Mediation’S Role In The Era Of Driverless Cars, Kaitlyn Puyear

Journal of Dispute Resolution

An autonomous vehicle (AV), also known as a driverless or self-driving car, is a vehicle that can operate itself and perform necessary functions without human intervention. Autonomous vehicles have been under development since the midtwentieth century and operate with the use of cameras and radar systems to acquire information about road conditions—allowing them to choose the easiest path of travel.

Good Faith Estimates And The No Surprises Act, Stuart L. Segelnick Dds, Ms

The New York State Dental Journal

Federal law requires dentists to be up front with self-pay patients about the cost of their treatment. Surprises may lead to penalties.

The No Surprises Act (NSA) went into effect on Jan. 1, 2022. This is a federal law that applies to all health-care providers, including dentists. The law gives certain rights to patients to help protect them from receiving surprise medical bills. These surprises usually occur when a person has no control over who treats them, such as during an emergency or when they are treated unknowingly by an out-of-network provider.

Interview Of Naomi Cahn, June Carbone & Nancy Levit, Naomi Cahn, June Carbone, Nancy Levit, Claire Hill, Matthew T. Bodie

Minnesota Journal of Law & Inequality

No abstract provided.

Interview Of Renee Jones By June Carbone, Renee Jones, June Carbone

Minnesota Journal of Law & Inequality

No abstract provided.

Conferences, Lightbulbs, And Gender, June Carbone

Minnesota Journal of Law & Inequality

No abstract provided.

The Homo Economicus Model Of Work Describes Men More Than Women, But Only In Weird Cultures, Thomas Talhelm, Danila Medvedev, Yin Li

Minnesota Journal of Law & Inequality

No abstract provided.

An Economic, Psychological, And Linguistic Explanation Of (Some Reasons) Why Women Don’T Get A Fair Shake, Claire A. Hill

Minnesota Journal of Law & Inequality

No abstract provided.

The Wages Of Constitutional Interpretation, Francesca L. Procaccini

Vanderbilt Law School Faculty Publications

The future of constitutional interpretation is a dynamic amalgam of knowns and unknowns. This article explores three. First, an unknown known: the Court's embrace of formal equality methodologies, more than originalist methodologies, is driving current conservative changes in constitutional law and ushering in a stale and acontextual bent to constitutional rights. Second, another unknown known: both the Court's equality and originalist methodologies serve to jettison the longstanding and widespread use of intermediate scrutiny and thereby push the level of protection for rights to the extremes. Finally, a known unknown: the Court's embrace of hyper-formal equality and originalist rules transfers hegemonic …

Data-Driven Police Profiling, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Police departments increasingly rely on algorithms and other data- driven methods of identifying high-crime areas andpeople who are at high risk for involvement in crime. This Article examines several constitutional obstacles to this type ofpolicing. First, to the extent that these algorithms rely on data entitled to privacy protection, they may violate the Fourth Amendment. Second, the steps police take in response to a "hot" place or person designation must also be subject to constitutional regulation. Further, the principle of legality should prohibit the police from acting on any risk designation, even one that is very likely accurate, in the …