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The Tribal Rules Of Evidence, Nicole Morote

American Indian Law Journal

Rules of evidence shape litigation practice across the country. In this sense, they govern the truth as it enters the court. Legal scholarship has yet to study tribal approaches to evidence— an area with tremendous promise for legal practitioners and evidence rulemakers alike.

This Article is the first to do so. It analyzes an array of tribal evidence codes across the United States. It reveals three frameworks that describe tribes’ approaches to the Federal Rules. In doing so, it offers a modest contribution to the nascent intersection between Tribal law and evidence studies: crucial insight into tribal systems’ unique needs, …

Advancing The Rights Of Nature: Lessons From Sauk-Suiattle V. City Of Seattle, Harry S. Katz

American Indian Law Journal

Advocates for the “rights of nature” seek recognition of legal rights for natural elements such as mountains, rivers, and non-human species as a means of protecting the environment. In the United States, Tribal Nations have been at the forefront of this nascent movement. In a 2022 Washington state case, the Sauk-Suiattle Indian Tribe sued the City of Seattle, alleging that the City’s hydroelectric dams on the Skagit River infringe upon the rights of salmon. Those rights, they claim, include the salmon’s rights to exist, flourish, regenerate, and evolve. The case, known as Sauk-Suiattle Indian Tribe v. City of Seattle, …

Native History Is United States History: How United States History Censorship Leads To Passive Acceptance Of Racial Discrimination And Furthers The Decline Of Tribal Sovereignty, Nickolasa A. Jackson

American Indian Law Journal

Native stories are embedded in the United States Constitution, property law, and the nation’s legal and political framework, but education frequently omits these truths. Such erasure perpetuates misunderstanding, invisibility, and hostility toward Native communities, obscuring the reality that the United States was built through the dispossession, coercion, and suffering of Indigenous Peoples. Whitewashing history has allowed the nation to claim moral virtue and industriousness while denying the foundational role of Indigenous Peoples. The Article emphasizes that Native rights, whether land, water, or other treaty-protected entitlements, as well as inherent rights such as tribal sovereignty, are not charitable or discretionary; they …

Toward A New Era Of American Indian Scholarship: An Introductory Essay For The American Indian Law Journal, Matthew L.M. Fletcher

American Indian Law Journal

No abstract provided.

Go On Take Everything, Take Everything, I Want You To: Corporate Cash Accumulations, Broken Promises, And The Failure Of The Accumulated Earnings Tax, Meredith R. Conway

Seton Hall Law Review

No abstract provided.

Algorithmic Editors: Section 230, Big Tech, And The Need For Clarity, Richard Gruters

Seton Hall Law Review

No abstract provided.

Vigilante Violence, The Rise Of The New Right, And The Persistence Of The Texas Farmworkers, 1975–1980, Brent M. S. Campney, Tim Bowman

History Faculty Publications

This study charts the ineffective vigilante violence perpetrated by growers in the Rio Grande Valley of Texas to suppress farmworker activism from the mid-to-late 1970s and their abrupt shift in tactics with a 1980 strike in Hereford, Texas, toward the adoption of strictly nonviolent and tediously legalistic new methods associated with the neoconservative backlash. It does so in two major sections. In the first, grower violence is chronicled in detail that underscores both its rage and ineffectiveness. The second section shows how the New Right usurped the longstanding usage of physical violence against ethnic Mexicans in Texas, prompting conservatives to …

Officers On Patrol: Perspectives Of An Arrest On Past And Present Law Enforcement Officers, Shanee N. Ellington

Doctoral Dissertations and Projects

While attempting to apprehend suspects, police officers must contend with complex obstacles arising from the arrest's legal, ethical, and sociopolitical context. Officers had to follow their department’s guidelines while also developing legal procedures when carrying out an arrest. The study focused on how an officer’s perception of arrest decisions and procedures encapsulated challenges and ethical dilemmas. Through a semi-structured interview with twenty respondents, this research explored the implications of arresting behaviors on officers’ professional identity formation and development. The data analysis followed the grounded theory approach, which focused on identifying differences and similarities between former and current officers over time. …

Unlocking The Benefits Of Transparent And Reusable Science For Climate Risk Management, Adam B. Pollack, Lisa Auermuller, Casey D. Burleyson, Jentry Campbell, Madison Condon, Courtney Cooper, Matteo Coronese, Sönke Dangendorf, James Doss-Gollin, Prabhat Hegde, Casey Helgeson, Robert E. Kopp, Jan Kwakkel, Corey Lesk, Justin Mankin, Robert E. Nicholas, Jennie Rice, Samantha Roth, Vivek Srikrishnan, Moira Scheeler, Nancy Tuana, Chris Vernon, Mengqi Zhao, Klaus Keller

Faculty Scholarship

People around the world seek climate risk information to guide their decisions. For instance, projections about future flood risk inform where households choose to live, how lenders manage credit risks, and which communities receive federal funding. Yet data limitations and fundamental validation challenges raise important concerns about the reliability of such projections. The principles of transparency and reusability help address these concerns by enabling scrutiny of assumptions and methods, development of foundational data and tools, and consistent application of evaluation standards. While there is ongoing debate about how much transparency commercial climate risk services should provide, many expect noncommercial actors …

Editorial

Indian Journal of Law and Technology

No abstract provided.

A Case Comment On Cryogas Equipment V. Inox India, Eashan Ghosh

Indian Journal of Law and Technology

Composite claims for copyright and design have long posed conceptual difficulties under Indian law. A pointed attempt by the Supreme Court in Cryogas Equipment v Inox India (‘Cryogas’) to resolve these difficulties, therefore, is of considerable interest.

In this Comment, I examine Cryogas in detail. I find that, despite adopting a schematic approach that is promising on the surface, Cryogas offers little assistance in untangling the constituent portions of copyright-design claims. For one, its test for telling apart artistic works from designs is entirely self-referential and requires a pre-existing understanding of what outputs statutorily constitute ‘artistic works’ and …

The Evidence Machine: Rethinking Admissibility And Privacy In India's Ai Surveillance State, Samyukta Ramaswamy

Indian Journal of Law and Technology

The proliferation of artificial intelligence (‘AI’) surveillance technologies that utilise machine learning (‘ML’) capabilities to gather and process information to derive insights about individuals has transformed the surveillance landscape by enabling governments and private entities to engage in increasingly pervasive monitoring and data-driven profiling. In India, this transformation is compounded by the presence of executive-controlled surveillance mechanisms under the legal framework of the Telecommunications Act 2023, the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules 2024, and the Digital Personal Data Protection Act 2023, amongst others, which authorises wide-ranging data interception and dragnet surveillance while exempting government agencies …

Chatgpt Goes To (National)Law School, Rahul Hemrajani, Vedant Gupta, R Srivatsan, Radhika Singhal, Krishne Tanneerbavi, Shristy Chhaparia, Siddharth Johar, Srujan Sangai, Suvanssh Mahajan, Priyansh Dixit, V Sreedharan, Dhruv Holla, Gunjan Modi, Kajal Jamdare, Pratyay Amrit, Sannah Mudbidri, Ishaan Goel, Akshit Singla, Arjun Mehta, Madhav Mitruka, Mannat Mahaey, Nathaniel Warjri, Swapnil Das, Ojas Chandaniha, Yash Ahirwar, Animesh Tiwari, Aman Meena

Indian Journal of Law and Technology

This paper presents the first comprehensive empirical evaluation of Large Language Models’ (‘LLMs’) performance in Indian legal education. We compare six Artificial Intelligence (‘AI’) chatbots with law students at the National Law School of India University, Bengaluru, across four subjects: Contract Law, Corporate Law, Criminal Procedure, and Jurisprudence. Our findings show that LLMs achieve performance comparable to human students (B+ grade), with newer commercial models consistently outperforming older and open-source alternatives. We also find that while LLMs excel in theoretical subjects and structured legal analysis, they show limitations in handling jurisdiction-specific knowledge and complex scenario-based reasoning. These findings have important …

Indian Copyright Law In The Age Of Genai: Knowledge/Power, Patchwork, And Peril, Lokesh Vyas, Luca Schirru

Indian Journal of Law and Technology

Isn’t copyright law an analog relic, striving to stay relevant in a digital world and hoping to survive an AI-driven and quantum-coded future? We argue it is. It is a law, born in a world of paper and print, now finding itself (again) patching its foundations to keep pace with generative AI (‘GenAI’). This unruly, still-developing technology not only redefines creative processes but also challenges the very assumptions of authorship, creativity, and copying. While discussions on this technology and copyright law abound, amid all the noise, one question simmers beneath the surface: ‘Is the very way we approach GenAI and …

A Human Enablement Theory Of Copyright, Akshat Agrawal

Indian Journal of Law and Technology

Copyright policy, designed to protect creators and disseminators from market imperatives, has ironically deepened their market dependency. This transformation stems from two critical theoretical errors: first, the “incentives”/“reward for labour” story that mistakes protection from market pressures for market encouragement; second, market fundamentalism that treats exclusionary rights as natural and as the source of “liberty”. These misconceptions, reinforced by fallacies about pre-social creativity and physicalism, have transformed copyright from an enabler in a market society into one that commodifies creative expression itself, intensifying rather than ameliorating the economic vulnerability of cultural producers.

This theoretical misunderstanding has produced three interlocking harmful …

The National Jurist Names Kellye Testy ’91 Most Influential Person In Legal Education, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The National Jurist has named Indiana University Maurer School of Law alumna Kellye Y. Testy ’91 the most influential person in legal education, placing her at the top of its annual list of the 25 most influential leaders in the field.

The ranking is based on a survey of law school deans nationwide. In explaining the methodology, The National Jurist noted that respondents were asked to identify individuals who “sparked new ideas, introduced reforms, inspired their peers, or pushed them to see their work differently.” The resulting list, the publication said, highlights leaders who are “moving the field forward and …

The Racist Roots Of The Death Penalty, Ngozi Ndulue

Journal Articles

Published in Inquest, a publication of the Institute to End Mass Incarceration.

Adapted from The Slow Death of the Death Penalty: Toward a Postmortem, edited by Todd C. Peppers, Jamie Almallen and Mary Welek Atwell, reprinted with permission from NYU Press.

Structural Logics Of Presidential Immunity, Aziz Z. Huq

Duke Law Journal

In Trump v. United States, the Supreme Court wrought two new presidential immunities from criminal prosecution. Supplemented by a pair of penumbral evidentiary rules, these immunities inhibit criminal indictment or conviction of the president, and indeed the criminal prosecution of a substantial number of subordinate officials, across many imaginable fact-patterns. The Court justified its interventions on consequentialist, and not originalist or precedential, grounds. But its analysis of immunity’s actual and likely effects was radically incomplete. It focused narrowly on the person of the president, eschewing any attempt to situate or relate that individual’s incentives and behavior to the wider institutional …

No More “Vague Handwaving”: Applying The Overlooked “Person Aggrieved” Provision Of The North Carolina Administrative Procedure Act To Election Litigation, William Allred

Duke Law Journal

The North Carolina Administrative Procedure Act requires claimants against state agencies to be “persons aggrieved,” meaning they have been “affected substantially” in their “person, property, or employment” by the challenged agency action. But in the 2024 general election, North Carolina state courts largely ignored this requirement, permitting plaintiffs to sue based on allegations of harm that some considered to reflect no more than “vague handwaving about election integrity.” This fact-light litigation strained state resources and reduced ballot access. But the solution is not so simple as just reminding courts that a statute exists. State appellate courts have never explained how …

Note From The Editor

Alaska Law Review

No abstract provided.

The Corpus Juris Of (Alaska Native) Inherent Tribal Sovereignty, Nazune Menka

Alaska Law Review

The inherent Tribal sovereignty of Native nations predates the formation of the United States and is reflected in the constitutional vision of tripartite sovereignty. Yet their sovereignty is oft diminished explicitly by federal law or implicitly by federal courts. This implicit divestiture is often the result of the federal judiciary’s inconsistent interpretations of Indigenous Peoples law. This Article argues that a more principled and coherent approach for federal judges would be to consistently make use of the corpus juris, or whole body of law, including the in pari materia or affiliated statutes canon. The Article posits that the corpus juris …

Anchoring Deference: The Chevron Doctrine, Loper Bright, And Alaska Administrative Law, Jon W. Katchen, Will R. Crowther

Alaska Law Review

After statehood, the Alaska Supreme Court operated on a blank legal slate. No Alaska precedent, for example, addressed the fundamental question of when courts should defer to an agency’s statutory interpretation. In addressing this issue, the Alaska Supreme Court largely adopted the framework developed by federal courts in the 1950s and 1960s, prior to the emergence of the Chevron doctrine. The federal case law from this era relied on nebulous standards to guide when an agency’s interpretations were subject to the deferential reasonable basis review. Not surprisingly, by adopting that federal jurisprudence, Alaska precedent suffers from the same shortcomings. And …

Where There’S Fire, There’S Smoke: Regulation Of Fine Particulate Air Pollution In The Fairbanks North Star Borough, Caleb T. Anderson

Alaska Law Review

In 2006, the U.S. Environmental Protection Agency strengthened the National Ambient Air Quality Standards (NAAQS) for 24-hour fine particulate air pollution (PM2.5). A large portion of the Fairbanks North Star Borough, encompassing the cities of Fairbanks and North Pole, was designated a Clean Air Act nonattainment area under the revised PM2.5 standards. Wood smoke from home heating was found to be one of the primary culprits, particularly during strong inversions that trap air pollution at ground level. This Article reviews the complex legal history of federal, state, and local efforts to bring the Fairbanks area into compliance with the NAAQS. …

“Parked Under The Influence” Is Not A Crime: Why The Alaska Supreme Court’S Broad Interpretation Of “Operating A Vehicle” Is Wrong, Paul A. Clark

Alaska Law Review

In Jacobson v. State, the Alaska Supreme Court interpreted the word “operate” in Alaska’s driving under the influence statute to include sitting in a running, parked car. Jacobson was part of a national trend. In the last few decades, courts in about half of states have interpreted “operate” to mean “being in control of” or “exercising dominion over” a vehicle—for example, sitting in an unmoving vehicle. This judge-made law is controversial as it expands the definition of “operate” without legislative approval. As one dissenting justice put it in a case similar to Jacobson, “[t]he effect of the majority opinion is …

Circumscribing Alaskan Law Enforcement’S Access To Pretrial Electronic Monitoring Location Data, Rosa Gibson

Alaska Law Review

In Alaska, pretrial detainees comprise much of the state’s prison population. Electronic monitoring—made possible by recent bail reforms—provides a pathway to pretrial release for those who cannot afford to pay bail. Using GPS data, the Pretrial Enforcement Division can monitor the location of a releasee’s ankle monitor for supervisory purposes. But when law enforcement seeks warrantless access to that data to investigate crimes other than the one for which a releasee is awaiting trial, that intrusion raises concerns under Alaska’s constitutional right to privacy. This Note argues that the Alaska judiciary, which is best positioned to guard the privacy of …

Alaska’S Hidden Gems: Advocating For The Protection Of Deep-Sea Corals, Both In The Courtroom And Beyond, Lauren Beizer

Alaska Law Review

Coral reefs are ecologically, financially, and aesthetically one of the world’s greatest resources. Off the coast of Alaska, many unique species of deep-sea cold-water corals exist and provide various public health benefits, contribute vital ecosystem functions to their surrounding environment, and serve as economic tourist attractions. Alaska’s coral reefs are exceedingly valuable to the Earth due to their overall ecological value. However, these unique coral species significantly lack state and federal protections, which have recently been under consideration in several lawsuits at the federal level. American Oceans Campaign v. Daley and Oceana, Inc. v. National Marine Fisheries Service et al., …

Social Equity And Cannabis Explained: History, Regulatory Implementation And The Drug War Reform Efforts 01-13-2026, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

What Can Legal Knowledge Do For Access To Justice?, Kathryne M. Young, Heidi H. Liu

Duke Law Journal

Worker misclassification is one of the most pervasive and harmful civil justice problems in the U.S. The inaccurate and illegal categorization of workers as independent contractors costs U.S. workers billions of dollars annually in overtime pay and health benefits—a problem that has become even more pervasive with the expansion of the gig economy.

Yet, worker misclassification is only one dimension of the broader “access to justice crisis” in the United States—the unsolved legal problems and unmet legal needs that touch most people’s lives and livelihoods at many points, but especially impact low-income people and people of color. These legal issues …

From Womb To Wallet: Recognizing The Placenta’S Lawful Role In The U.S. Marketplace, Christina Moss

Duke Law Journal

Modern biotechnology has transformed the human placenta from medical waste into a lucrative commercial resource. Placental tissue is used across industries—from cosmetics touting antiaging effects to pharmaceuticals employing it as a raw material for wound therapies. Yet while hospitals and biotechnology companies profit from this growing placenta economy, the women from whom the placentas originate receive neither compensation nor complete information. Federal law provides little guidance, and most states lack explicit regulations, producing a legal vacuum that allows stakeholders to exploit ambiguity. For-profit companies routinely frame their placenta procurement as altruistic donation rather than commercial exchange, citing the federal law …

Fair And Balanced: Why We Need A Federal Anti-Slapp Law For Good-Faith Journalism, Christian H. Ross

Duke Law Journal

Strategic lawsuits against public participation (SLAPPs) pose a serious threat to free expression, often targeting journalists and media outlets to intimidate or silence critical reporting. Many states have adopted anti-SLAPP statutes that provide procedural protections for speech to deter meritless, speech-chilling suits. But not all states have such laws, resulting in a patchwork of uneven speech protections across the United States. Even where such laws exist, SLAPP plaintiffs can often evade them by forum-shopping or removing to federal court, where state anti-SLAPP provisions do not always apply. In the absence of a federal anti-SLAPP law, journalists across the country remain …