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Table Of Contents

UC Law Journal

No abstract provided.

In Place Of Prison, Grace Y. Li

UC Law Journal

A new, previously unstudied institution is addressing felonies, including violent felonies of the highest levels, without imposing incarceration as the sanction. Attempts to abolish prisons, or at least reduce racialized mass incarceration, must consider how to respond to serious and violent crimes. This Article offers an analysis of a real-world, ongoing experiment in doing so.

The Manhattan Felony Alternative-to-Incarceration Court (“ATI Court”) is the first and, thus far, the only court in the country that systematically offers defendants of any demographic and any charge the opportunity to be diverted from the traditional criminal legal system and to avoid prison. Defendants …

Enhancing The Sport Spectatorship Market For Hearing-Impaired Audiences: Accessibility And Engagement Strategies, Niveditha Karthikeyan

Journal of Applied Sport Management

This paper examines the application of the Americans with Disabilities Act (ADA) to the in-person sport spectatorship experience of hearing-impaired individuals. The delivery of the core sport product, especially at the stadium, is not equally accessible to individuals with disabilities, particularly for audience with hearing impairments. While the ADA mandates accessibility in public accommodations, its implementation for communication access within sport venues remains inconsistent. Through a focused review of legal frameworks, venue practices, and emerging technologies, the paper identifies gaps in current accessibility efforts and outlines practical recommendations to enhance inclusivity. Key strategies include the use of AI-powered real-time captioning, …

Large Language Models And International Law, Ashley Deeks, Duncan Hollis

Chicago Journal of International Law

Large Language Models (LLMs) have the potential to transform public international lawyering in at least five ways: (i) helping to identify the contents of international law; (ii) interpreting existing international law; (iii) formulating and drafting proposals for new legal instruments or negotiating positions; (iv) assessing the international legality of specific acts; and (v) collating and distilling large datasets for international courts, tribunals, and treaty bodies.

This Article uses two case studies to show how LLMs may work in international legal practice. First, it uses LLMs to identify whether particular behavioral expectations rise to the level of customary international law. In …

The Rise Of Big Data And The Law Of Armed Conflict, Laura A. Dickinson

Chicago Journal of International Law

Big data—extremely large quantities of information and the analytics used to process it—is now crucial to the way militaries operate on the battlefield. Data is used to run weapons systems, analyze intelligence, procure and deploy personnel, evaluate battlefield conditions, detain prisoners, and more. And not only is data increasingly being used on the battlefield, but operations targeting adversaries’ data—to acquire it, delete and destroy it, or distort or poison it—are becoming increasingly important as well. Beyond the battlefield, big data lies at the epicenter of adversarial activities below the armed conflict threshold. Because data is the fuel of artificial intelligence …

Interpretation As Creation: Article Vi Of The Outer Space Treaty, Charles Stotler

Chicago Journal of International Law

From the launch of Sputnik I in 1957 to proposals for In-Space Servicing, Assembly and Manufacturing (ISAM) and new lunar activities such as resource utilization, advancing technology has always been a driving factor in the creation of space law. From a legal-historical perspective, the notion of law as creation should be contextualized in a broader legal-philosophical transition that began with the rise of positivism. Article VI of the Outer Space Treaty orbits unsteadily between international obligations and national implementation measures, rendering significant States’ understandings of those provisions. Our understanding of Article VI turns on perhaps the most creative legal endeavor: …

Digital Evidence: Facilitating What And For Whom?, Rebecca Hamilton, Adebayo Okeowo

Chicago Journal of International Law

The emergence of user-generated evidence has revolutionized how atrocities and human rights violations are documented globally. Since 2011, when Syrian human rights defenders began documenting atrocities on their smartphones, a professional field has emerged around the collection, authentication, and preservation of digital evidence. However, this professionalization has created unintended consequences, as expertise and verification power shifted away from frontline communities to Global North institutions. This Article examines this tension through two case studies: the Rohingya Genocide Archive, and Nigeria's #EndSARS movement. These examples demonstrate both the power of locally-informed evidence collection and the challenges when verification skills remain concentrated among …

Battlefield Evidence In The Age Of Artificial Intelligence-Enabled Warfare, Winthrop Wells

Chicago Journal of International Law

A number of emerging technologies increasingly prevalent on contemporary battlefields—notably unmanned autonomous systems (UAS) and various military applications of artificial intelligence (AI)—are working a sea change in the way that wars are fought. These technological developments also carry major implications for the investigation and prosecution of serious crimes committed in armed conflict, including for an under-examined yet potentially valuable form of evidence: information and material collected or obtained by military forces themselves.

Such “battlefield evidence” poses various legal and practical challenges. Yet it can play an important role in justice and accountability processes, in which it addresses the longstanding obstacle …

Satellite Infrastructures And Law In The Making Of Planetary Knowledge, Benedict Kingsbury, Yirong Sun

Chicago Journal of International Law

Imaginations of Planet Earth as-a-whole—that is, Earth conceived in planetary terms by wide publics—have been shaped over several decades by the growing capabilities of artificial Earth satellites to image the whole Earth, to specify all locations, and to integrate the Earth’s diverse orbital space with everyday human activities. Different Earth orbits are becoming more densely used, more securitized, more intensely managed from Earth, and more integral to activities on Earth.

This Article focuses on two categories of satellite systems that contribute directly to planetary knowledge, Global Navigation Satellite Systems (GNSS) and Earth Observation Satellite Systems (EOSS). GNSS and EOSS have …

The Law Of Armed Conflict – In The Dark, Laurie R. Blank

Chicago Journal of International Law

In a potential future peer-on-peer or near peer conflict, the technological capabilities that are both taken for granted and a source of military superiority will be an immediate and high- value target. Global navigation and positioning systems, satellite imaging, precision guidance, instantaneous communication, and much more— the adversary will seek to shut down these capabilities. Turning off the technology, or fighting “in the dark,” presents complex operational and tactical challenges of navigation, logistics, communication, command and control, coordination, and targeting, to name just a few. However, executing military operations in such a technology-deprived environment also requires the application and implementation …

Two Terribles: A Day Without Space And Ai Enabled Synthetic Biological Weapons A Warning Order, James E. Baker

Chicago Journal of International Law

A day without space, a term used to describe the loss or destruction of America’s space assets, and the potential generation of novel biological threats using AI and synthetic biology present catastrophic and potentially existential threats to U.S. security in a way that nuclear weapons did before and continue to do so today. Yet they have not received the level of attention from national security lawyers or commentators they warrant. This article describes the threats. It describes the current and inchoate nature of the law to address these threats. And it makes initial recommendations to policymakers and lawyers about how …

The Special International Peace Zone: From History, Through Practice, Toward An End To Armed Conflict In Ukraine, Tom W. Bell

Notre Dame Journal of International & Comparative Law

This paper presents the special international peace zone as both an observed and ideal institution. Such a zone quells military conflict in an area over which sovereigns make conflicting territorial claims. It operates through an interim administration, governed by its own rules, independent of any single sovereign. Past examples include the Free City of Danzig (1920-39), the Free Territory of Trieste (1947-54), and United Nations Interim Administration Mission in Kosovo (1999-2008). Despite proven successes, these zones have suffered from an undue reliance on multi-national organizations—first the League of Nations and now the United Nations. Warring sovereigns seldom agree about the …

Whose Truth Commission, Lehlohonolo January

Notre Dame Journal of International & Comparative Law

It is often said that the victor always dictates the narrative and thus dictates how history is represented. The end of Apartheid in South Africa wasn’t a result of an outright victorious defeat of the Apartheid State together with its institutions of coercion but rather came about as a result of a culmination of a series of events. If this adage holds true, then why is it that the narrative seems to paint a picture of a victor’s perspective? This assertion is not made lightly but is no less reflective of how the facts seem to portray themselves in that …

How Ai Can Help Mediators Say What They Really Mean, John Lande

Faculty Publications

This article critiques the widespread use of the terms “facilitative” and “evaluative” to describe mediation techniques. Despite their popularity in scholarship and practice, these labels are inconsistently defined, frequently misunderstood, and fundamentally flawed. Drawing on a survey of mediation experts, the article documents significant confusion about how professionals interpret these terms – and how they think that others interpret them. It builds on Leonard Riskin’s critique of the facilitative-evaluative framework, which shows that the language not only oversimplifies complex processes but also risks confusing parties and undermining informed decision-making.

As an alternative, the article proposes a behavioral vocabulary that reflects …

Distinction, Proportionality, And Precautions In Attacks At Sea In The New Era Of The Law Of Naval Warfare, James Kraska

Chicago Journal of International Law

China has upset the security balance in East Asia through the development of a long- range strike complex composed of anti-ship ballistic missiles, drones and cruise missiles, and hypersonic missiles that put U.S. naval fleets at risk. Beijing’s innovative approach to sea control through the projection of power from land-based fires highlights three important differences between the law applicable to naval warfare and the law of armed conflict (LOAC) as it is implemented on land.1 These legal distinctions are subtle in law, but they shape concrete choices available to naval commanders and could determine the outcome of war at sea. …

Trademarking Terroir: Geographical Indications As A Form Of Cultural Property In The U.S.-Eu Trade War, Sara Evans

Chicago Journal of International Law

Geographical indications (GIs) designating wines, spirits, and agricultural products have been the subject of a trade war between the U.S. and EU for several decades. The American legal regime often denies European producers exclusive rights to use GIs in the American market because U.S. authorities consider many European terms generic. As a result, EU regulators are reluctant to protect American designations of origin in the European market. Little progress has been made toward reaching a consensus about which terms should be protected and how they should be protected in transatlantic trade.

Economics has been the dominant lens through which the …

Copyright

Missouri Law Review

No abstract provided.

Table Of Contents

Missouri Law Review

No abstract provided.

The Straw That Broke The Camel’S Back: How Expanding The Statute Of Limitations For Pre-Enforcement Challenges Filed Under The Apa Could Upset The Administrative System, Paige K. Harris

Missouri Law Review

Everyone has bad days. But certain days are the worst. The days where everything seems to go wrong. You set the alarm for 6:00 p.m., not 6:00 a.m. You didn’t set the coffee pot, and the café’s line was too long, so you walk into work with a severe lack of caffeine. Your project manager asks you a question you know you answered last week. That annoying co-worker talks over you in a meeting, the chips get stuck in a vending machine, and your rush hour commute takes forty-five minutes longer than expected. Finally, something happens that makes you snap. …

Faculty List

Missouri Law Review

No abstract provided.

The Obviousness Paradox: Should Design And Utility Patents Play By The Same Rules?, Brooks W. Fleischmann

Missouri Law Review

The standard American grading system recognizes an A as the best possible grade, while an F represents failure. To achieve an A, the typical benchmark is anywhere above 90%. Falling well below this mark, any grade below 60% constitutes failure. Accordingly, a higher percentage in class equates to a better GPA. Following this same logic in the world of sports, the greatest free-throw shooter in NBA history holds the record at 91%. The greatest field goal kicker in NFL history holds the record at 89.1%. However, the highest batting average in MLB history sits at .366, or 36.6%. According to …

Viability As Abortion-Rights Orthodoxy, Susan Frelich Appleton

Missouri Law Review

Borrowing a quotation from Justice Jackson's influential opinion in West Virginia Board of Education v. Barnette, Professors Linda McClain and James Fleming have named their ambitious and illuminating new book "What Shall Be Orthodox" in Polarized Times. As Justice Jackson wrote in applying the First Amendment to protect school children with familial objections to a required flag salute: "lf there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act …

Removing “Black Marks”: How States Can Preserve Wrongful Birth Suits Without Reliance On “Eugenic” Rhetoric, Paul J. Wuennenberg

Missouri Law Review

“[L]ebensunwertes Leben—Life Unworthy of Life.” Those words, used by the National Socialist (Nazi) Party in Germany to describe people with genetic disorders, ring throughout world history as a moral indictment of the Nazi German state and all those who collaborated with it. Unfortunately, Germany was not alone in its designation of some people as unworthy of life; the United States has also, throughout its history, given the same designation to portions of its population. From Japanese-Americans during the Second World War to people with disabilities in the era of eugenics, the American government has frequently singled out those whom it …

"What Shall Be Orthodox" In Polarized Times: Overview And Response To Commentators, Linda C. Mcclain, James E. Fleming

Missouri Law Review

"lf there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein." Justice Robert Jackson wrote this celebrated passage in his majority opinion in West Virginia State Board of Education v. Barnette (1943), which protected the First Amendment right of Jehovah's Witness children not to participate in a compulsory flag salute in public schools. ln recent years, protests against imposed orthodoxy-usually invoking Barnette-have occurred in a growing …

The Illusion Of Redemption: Examining Gubernatorial Pardons, Collateral Consequences, And The Ineligibility For Public Office In Missouri, Anna Claire Parker

Missouri Law Review

Imagine you have just pled guilty to a felony offense in Missouri. While the court may inform you of certain rights that will be lost, additional rights remain unmentioned. Suddenly, you find yourself stripped of fundamental liberties such as voting, serving on a jury, holding public office, and owning firearms. Additionally, the right to a trial by jury, the assistance of a lawyer at trial, and protection against self-incrimination have been forfeited. In this bleak scenario, a glimmer of hope emerges: the possibility of a gubernatorial pardon. This pardon represents a chance at redemption, potentially restoring all the rights you …

Listening Suppers At The Landing Place: Talking With Rockland-Area Youth About School, Work, & Life, Jillian Foley Mppm, Swathi Sivasubramanian, Timothy Atkinson, Olivia Eckert, Emma Schwartz

Justice Policy

This piece (June 2025) is a collaboration with our partners at The Landing Place to amplify youth voices and ideas for systems change that came out of a series of conversations with youth in Rockland, called Listening Suppers which aimed to inspire conversations about school, work, family, community supports, relationships, and more. This short brief highlights the themes that came out of these conversations including community strengths and assets, gaps and youth needs, and youth informed recommendations for change. While much of the conversations were specific to the local Rockland community, the challenges and solutions highlighted are similar to what …

Building Youth Hope: Assessing Community Assets And Opportunities For Supporting Youth Well-Being In The Sagadahoc County Area, Emma Schwartz, Jillian Foley, Timothy Atkinson

Justice Policy

This report aims to build upon previous research and provides updated information on community assets to support youth in the Sagadahoc County area. The report examines the strengths, challenges, and opportunities for community investment with the goal of improving outcomes related to youth hopefulness, belonging, and well-being. The project team engaged community members in a variety of asset mapping and data collection activities which are summarized in this report. The report authors also make recommendations related to expanding youth connections to informal supports and third places, ensuring access to a variety of assets that are responsive to their holistic needs, …

Masthead

Missouri Law Review

No abstract provided.

Vouching For Fair Housing: Landlords’ Duty To Accept Housing Vouchers As Reasonable Accommodations For Handicapped Tenants, Elly M. Lang

Missouri Law Review

Earning enough income to afford housing is challenging. Maintaining a steady job that covers both housing and basic essentials requires significant time and energy. Now, imagine you have a physical disability affecting your mobility. Suddenly, your job options are limited, and your health care costs increase. Now, imagine you suffer from a psychological disability as well. Your health care costs skyrocket because you must pay for medications to alleviate both your physical and psychological disabilities, equipment to assist your mobility, therapy fees, and other essential health care costs. In addition, your already limited job opportunities have again been significantly reduced. …

Toward A Politically Neutral Approach To K-12 Pedagogy, Cameron S. Kang, John M. Kang

Missouri Law Review

Professors Linda McClain and James Fleming have written an intellectually stimulating book manuscript, “What Shall Be Orthodox” in Polarized Times? It is a privilege to have been afforded access to an early iteration of the book and an opportunity to share our thoughts about it. We (with “we” and its related “our” and “us” denoting Cameron and John) were inspired by Professors McClain and Fleming to reflect about the relationship between pedagogy and the Constitution.