Digital Commons Network^™

Contract Or Prison, S. R. Blanchard

University of Chicago Law Review

Critics of the criminal enforcement system have condemned the expansion and privatization of electronic monitoring, criminal diversion, parole, and probation. But the astonishing perversion of contract involved in these new practices has gone unnoticed. Governments are turning to “offender-funded” programs that empower firms to contract with people who are suspected of or have been convicted of crimes— and whose alternative to agreeing to these contracts is prosecution or incarceration. Though incarceration-alternative (IA) contracting is sometimes framed as humane, historical and current context illuminates its coercive nature. IA contracting must be examined under classical contract theory and in light of the …

The Application Of Comparative Law In Public International Law Research, Lê Thị Anh Đào, Adrianna N. Globokar

Akron Law Student Publications

Comparative law analyses the similarities and differences between legal systems, often across different countries or jurisdictions, and examines how those systems operate. Public international law, by contrast, governs the conduct of actors subject to international law, primarily sovereign states, and international organisations, through legal frameworks and principles. Although comparative law and international law are traditionally treated as distinct areas of study, this paper explores the potential benefits of adopting a comparative approach to public international law. Insights from comparative law can deepen the public’s understanding of public international law and advocate for the establishment of “comparative public international law” as …

Responsible Realism About Artificial Intelligence: How Ai Is Shaping Legal And Dispute Resolution Practice, Education, And Scholarship, John Lande

Faculty Publications

This article synthesizes the views of legal scholars examining how generative artificial intelligence (AI) is affecting legal and dispute resolution practice, education, and scholarship. They share a perspective of responsible realism – recognizing both the promise and the perils of AI. It is already reshaping how lawyers, neutrals, educators, students, and scholars work – and its influence will only grow.

The scholars identify clear benefits: broader access, greater efficiency, and new support for professional learning. They also warn of serious risks, including bias, deskilling, and erosion of judgment. Avoiding both hype and panic, they analyze developments, offer realistic strategies, and …

Training Humanoids To Use Good Dispute Resolution Language, John Lande

Faculty Publications

This short essay uses satire to spotlight the entrenched, misleading terminology widely used in the dispute resolution field, especially in legal and academic settings. Drawing on metaphors of humanoids, bots, and malware, it critiques outdated jargon like “facilitative” and “evaluative” mediation and proposes clearer alternatives derived from Real Practice Systems theory. It describes efforts to train an AI tool, the RPS Negotiation and Mediation Coach, to model improved language use and nudge human users toward better decision-making. Though light in tone, it reflects a serious commitment to reforming the way we talk about and practice negotiation and mediation.

"A Man’S Home Is His Castle"? Intimate Partner Violence, Firearm Surrender, And Home Searches Under Article I, Section 7 Of The Washington Constitution, Dana Raigrodski

Washington Law Review

Intimate partner violence (IPV) remains a vexing problem in Washington. Firearms make intimate partner violence much more dangerous and, frequently, deadly. To protect victims of IPV and to reduce its severity when guns are present, the State of Washington put in place a comprehensive statutory scheme to disarm perpetrators of IPV. In 2022, however, the Washington Court of Appeals for Division II held, in State v. Flannery, that the statutory firearm surrender scheme violates article I, section 7 of the Washington Constitution, which prohibits disturbing a person’s private affairs or invading their home without authority of law. This Article …

Why Medicaid Is Addressing Homelessness With Section 1115 Waivers: A Critical Examination Of The United States' Federalist Mental Health System, Joshua Haas

Washington Law Review

Housing and health care are deeply interconnected, and their systemic relationship profoundly affects individual and societal well-being. Inadequate funding has undermined the American mental health system for decades, leading to gaps in care that have caused lasting harm to vulnerable individuals and society as a whole. This Comment examines the historical connections between homelessness and the American mental health system. It explores the benefits and criticisms of the United States’ federalist approach to health care, particularly focusing on Medicaid and its “section 1115 waivers,” which grant states flexibility to develop innovative, state-specific Medicaid programs. Recently, states began to utilize section …

Under The Umbrella Of Water Law: Why Rainwater Harvesting Should Constitute A Valid Water Right, Jordann Krouse

Washington Law Review

Rain is a major source of water. It provides for our greatest needs, such as feeding our gardens, crops, rivers, and lakes. As global climate change continues to unfold, the impacts of water availability and water pollution simultaneously grow more urgent. Water rights are a mechanism in the United States’ legal system to allocate, regulate, and manage water as a natural resource. These rights are limited, however, in their coverage and varied in their application. For example, access to rainwater is not a recognized water right despite being a major source of water. The ecological and economic incentives of rainwater …

A Noncompete By Any Other Name: Assessing The Validity Of Training Repayment Agreements Under Washington Law, Hannah Lukomski

Washington Law Review

Training Repayment Agreements (TRAs) are restrictive employment covenants that require an employee to pay their employer a fixed or prorated sum for training costs if the employee quits their job within some period defined by the agreement. The prevalence of TRAs has drastically increased in low-wage employment. TRAs harm employees by imposing an artificial financial constraint that disincentivizes employees from leaving their employer within the contract duration. The Washington State Legislature has not directly addressed TRAs despite having articulated limits on other restrictive employment covenants, like noncompetition agreements. This Comment reviews federal agency actions and other states’ approaches in response …

Decommissioning Offshore Oil And Gas Infrastructure: Report Of Proceedings, May 2, 2025 Offshore Decommissioning Workshop, Martin Lockman, Ashwin Murthy, Romany M. Webb

Sabin Center for Climate Change Law

On May 2, 2025, Ocean Conservancy and the Sabin Center for Climate Change Law organized a workshop at Columbia Law School on offshore oil and gas decommissioning in the United States. The overarching goal of the workshop was to bring together offshore law and policy experts to outline a research and policy agenda for offshore decommissioning. Within this broad goal, we sought to (1) identify key opportunities to reform offshore decommissioning law in the United States, both in the short term and over the next decade, (2) identify knowledge gaps and highlight areas for future research, and (3) begin to …

Opposition To Renewable Energy Facilities In The United States: June 2025 Edition, Matthew Eisenson, Jacob Elkin, Ivonne Norman, Rebecca Coombs, Chadol Kim, Rex Koenig, Suzan Michalski, Eric Quiroz, Josepi Scariano, Ava Teasdale, Victor Tong, Annabel Williams

Sabin Center for Climate Change Law

Increasing the amount of electricity generated in the United States to power electric vehicles, data centers, and other end uses, while simultaneously reducing greenhouse gas emissions will require deploying a massive number of renewable energy facilities at an unprecedented scale and pace. Although many renewable energy facilities are sited without a problem, local opposition often arises. The Sabin Center’s annual report, Opposition to Renewable Energy Facilities in the United States, documents legal obstacles and challenges that arise during the siting process. In particular, the report focuses on: (a) state laws and local ordinances (“restrictions”) that impede the siting and deployment …

Rationale And Justification Of The Overarching Principles In The Governance Maturity Framework, Janna Wong, Eugene K. B. Tan, Steve Loh

Lien Centre for Social Innovation: Research

This research addresses the lack of a unified framework for measuring the governance maturity of impact organisations across countries with diverse legal landscapes and cultures, which complicates international assessment and collaboration. In response, we propose a governance framework tailored to the legal context of six countries: India, Indonesia, Malaysia, the Philippines, Singapore, and Thailand. Our analysis identifies six overarching principles embedded in the non-profit laws of the six countries: (1) purpose and impact, (2) leadership, (3) integrity, (4) communication, (5) efficacy, and (6) financial transparency and accountability. These six overarching principles form the proposed framework, which was operationalised and further …

Secretive Sheriffs: Opacity And Variation In California's Jail Responses To Covid-19, Aparna Komarla, Hadar Aviram

Nevada Law Journal

No abstract provided.

Exonerations For Wrongfully Convicted Disabled Inmates: The Path To Salvation Is Paved With Bad Intentions, Marc Consalo

Nevada Law Journal

No abstract provided.

Unarresting School Safety, Maryam Ahranjani

Nevada Law Journal

No abstract provided.

Decades Of Indifference And Failures In Accountability In The Provision Of Medical Care In Federal Prisons, Nicole B. Godfrey

Nevada Law Journal

No abstract provided.

Climate Resilience: A Typology, Shi-Ling Hsu

UMKC Law Review

No abstract provided.

Are Markets Better Than Law In Achieving Sustainability And Water Security In The Face Of Climate Disruption?, Joseph W. Dellapenna

UMKC Law Review

No abstract provided.

Peeking Past The Corporate Veil: Privacy, Penalties And Constitutional Permissibility Of The Corporate Transparency Act And State Counterparts, Carson Fink

UMKC Law Review

No abstract provided.

The Continuing Unevolving Model Of Decency, Kennedy V. Louisiana In Peril, Patrick S. Metze

Criminal Law Practitioner

Professor Metze reflects on Kennedy v. Louisiana in its part in the development of Eighth Amendment jurisprudence and how the Supreme Court initially used Kennedy to further our understanding of the limits of the Eighth Amendment. The Court recently avoided a meaningful discussion of how our society is maturing and evolving by acknowledging a purposeful effort of some to reflect modern beliefs in opposition to those who would interpret everything through an 18th-century prism. After a case-by-case analysis of how the Court has used Kennedy, it is apparent the conservative majority now on the Court has decided there is no …

Foreword, Mark D. Janis, Jennifer D. Oliva, Alivia D. Benedict

Indiana Law Journal

In this issue we are delighted to present papers from the symposium “Law and Technology at the Crossroads: A Centennial Summit,” held in Bloomington in November 2024. The symposium originated from the collaborative efforts of the Indiana University Maurer School of Law’s law and technology faculty and the Indiana Law Journal’s editorial board, notably 2023–2024 Editor-in-Chief John Vastag and 2024–2025 Executive Articles & Symposium Editor Paige Wynkoop. The Maurer School of Law’s Center for Intellectual Property Research provided funding, as did Indiana University through its Research Conference Grant Program. Indiana University’s Ostrom Workshop and the Luddy School of Informatics, Computing, …

Multiplicity As An Ai Governance Principle, Michal Shur-Ofry

Indiana Law Journal

As AI becomes increasingly embedded in our daily lives, this Article explores one of its critical, yet overlooked, societal implications: the propensity of large language models (LLMs) to generate mainstream, standardized content, potentially narrowing their users’ worldviews.

Taking a close look at the technological underpinnings of LLMs, the analysis suggests that—due to the combination of human judgments, training datasets, and inherent features of the underlying technological paradigm—LLMs’ outputs are likely to be geared toward the popular and to project to their users concentrated, mainstream worldviews, sidelining a broader spectrum of perspectives. This Article explores the asymmetrical power relations between LLMs …

Unpacking Open Source Bio, Jorge L. Contreras

Indiana Law Journal

For at least a quarter of a century, life science researchers around the world have undertaken initiatives loosely based on principles, goals, and institutional structures derived from the open source software (OSS) movement—approaches that I term “open source bio.” Yet open source bio lacks a clear definition and set of guiding principles. Given public calls for greater openness in life science research, it is useful to understand how open source bio projects have fared over the past quarter century: how they were structured, what they hoped to achieve, and, as social and policy experiments, whether or not they were successful. …

Discord And The Pentagon's Watchdog: Countering Extremism In The U.S. Military, Amy Gaudion

Indiana Law Journal

In his 2022 book, Ward Farnsworth crafts a metaphor from the lead-pipe theory for the fall of Rome to consider how rage and misinformation traveling through today’s technology-enabled pipes are poisoning our civic engagement and threatening our governmental structures: “We have built networks for the delivery of information––the internet, and especially social media. These networks too, are a marvel. But they also carry a kind of poison with them. The mind fed from those sources learns to subsist happily on quick reactions, easy certainties, one-liners, and rage.”1 This Article carries the metaphor into a new context and considers what should …

On Software Bugs And Legal Bugs: Product Liability In The Age Of Code, Asaf Lubin

Indiana Law Journal

Despite software’s ubiquity in modern life, its classification within product liability law remains unsettled. Is software a product, a service, a good, a component, a medium, a force, or something else altogether? Under the Restatement (Third) of Torts, a product is defined as a “tangible personal property distributed commercially for use or consumption.” But has this definition been embraced by states? And how has it been applied in the courts, since its adoption some twenty-six years ago?

Through a fifty-state survey and the canvassing of all relevant case law, this Essay reveals widespread doctrinal inconsistencies within the common law. Some …

Defragging Ownership: How Corporations Sliced, Diced, And Sold The Bundle, Joao Marinotti

Indiana Law Journal

Personal property ownership is in a precarious state, facing structural, economic, and legal assaults. As a result, the autonomy, security, and privacy that ownership once protected have been displaced by a tenuous reliance on opaque contractual arrangements and corporate goodwill. Owners no longer enjoy the unfettered right to access, use, and control their personal property. Through a range of seemingly unrelated business practices, companies have leveraged their growing power to disaggregate the property bundle into compartmentalized rights and privileges, which can then be individually licensed, leased, restricted, or even revoked. Purchases no longer mark the end of buyer-seller relationships; instead, …

Birthright Citizenship: Its History And Continued Relevance In Modern America, Shahin Mirzaei

Immigration Law Blog

In light of recent efforts by the Trump administration to challenge birthright citizenship, this article addresses the history of the principle of jus soli in the United States and the reasoning behind its incorporation in the U.S. Constitution. The article also explores existing debates surrounding this principle, including those stemming from historical distortions and misconceptions about U.S.-born children of noncitizen parents, and ultimately highlights the importance of its preservation.

Employment And Insurance Law—Pro-Life Tail Coverage: Why Arkansas’ Private Paid Family Leave Insurance Fails To Deliver, Annesly Young Pruitt

University of Arkansas at Little Rock Law Review

No abstract provided.

All-American Crime: Reflections On Welcome The Wretched By César Cuauhtémoc García Hernández, Kit Johnson

University of Arkansas at Little Rock Law Review

In his 2024 book, Welcome the Wretched, Professor César Cuauhtémoc García Hernández questions why it is that non-citizens who have committed crimes are slated for removal from this country. After all, he notes, “Migrants don’t bring crime here. It’s already here. It always has been and always will be.”

We may not readily admit it, but crime in the United States is truly All-American. Section I of this Essay tries to shed light on the widespread nature of criminality in the United States by recounting my own crimes and those of family and friends, with the goal of pushing the …

Inadequate Pay: Gutting Teacher’S Compensation In The Learns Act, Tye G. Boudra-Bland

University of Arkansas at Little Rock Law Review

No abstract provided.

Criminalization Of Immigration Through State Enforcement: Lessons From Texas’S Latest Efforts To Criminalize Immigration Through Senate Bill 4, A. Regenold Bright

University of Arkansas at Little Rock Law Review

No abstract provided.