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Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea K. Schneider

Articles

Lawyers increasingly find themselves at the frontlines of the battlefield, just not in the traditional sense. Hybrid warfare is a conflict form that combines traditional military offensive measures with nontraditional methods, including the harnessing of legal systems to achieve strategic goals. Lawyers have always been at the frontline of typical legal risk assessment, thinking about a client’s risk of liability or regulation costs generally. Now, lawyers must stand at the ready for a lot more: lawyers must be prepared for cyber-attacks, disinformation campaigns using artificial intelligence, the use of court systems to suppress reporting or shield bad actors, and so …

Imperfect Guardians, Amna A. Akbar, Ryan D. Doerfler

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Professor David Strauss attributes the U.S. Supreme Court’s reactionary jurisprudence to a breakdown of elite consensus. He observes that lawyers and judges disagree about the proper “victims” of our political process: Are they Black, Brown, and LGBTQ+ people or, instead, Whites, Christians, and gun owners? Strauss worries the jurisprudential approach that emerged from Carolene Products now allows for judicial intervention on behalf of groups loaded with political power. Even then, he insists on the classic liberal defense of the courts: that courts serve as an important if imperfect check against the majoritarian domination of minorities.

In this Essay, we identify …

Space Mining, Richard Painter

Articles

The Trump Administration and U.S. Congress are promoting new ventures to extract valuable minerals from outer space. This Article does not dismiss the idea out of hand, but explores reasons for caution, including practical problems with space mining, its environmental impact, the likelihood that the United States could violate international law, and the risk of armed conflict. These problems are exacerbated by financial conflicts of interest in our government with a handful of billionaires, who have a financial interest in space mining work. The promotion of their agenda could involve wasteful government spending on subsidies for private ventures, with a …

When Money Isn't Money: The Second Circuit's Gutting Of The Discharge-For-Value Defense For Erroneous Payments, Jeanne L. Schroeder

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No abstract provided.

Is It Time To Scrap Stare Decisis?, Wilfred U. Codrington Iii

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Shortly after returning to the presidency, Donald Trump terminated several independent federal officers, prompting legal action by employees who occupied government positions covered by statutory for cause removal protections long held constitutionally permissible and valid. Eventually, one or more suits alleging unlawful termination owing to the removal without cause will reach the Supreme Court to be decided on the merits. Having steadily narrowed the Humphrey’s Executor line of cases that insulate these officers, the Court now seems poised to displace that precedent entirely. In isolation, the overruling would mark a seismic doctrinal shift and major advance in legal conservatism's pursuit …

Democratic Lawyering: Upending The "Hidden Curriculum" To Prepare New Lawyers For A New World, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

Articles

Multiple heightening crises reveal the deficiencies and contradictions of legal education, in particular the values it imparts. Perpetuating myths about U.S. democracy and rule of law, the enduring formalist, liberal legalist cast of law school is increasingly at odds with students’ lived experiences. As liberal democracy and the rule of law falter, no longer is relying on the “hidden curriculum” or the historically nebulous and mythical narratives of the law and our legal system sufficient to prepare tomorrow’s lawyers for the challenges faced by our profession. Instead, with a boost from ABA Standard 303, this article draws on the tradition …

Race, Gender, And Ordinary Peace: Assessing The Women, Peace, And Security Agenda Through A Coloniality Lens, Fionnuala Niaolain, Claire Wright

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No abstract provided.

Kill 1l, Prentiss Cox

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No abstract provided.

Nanaboozhoo And Derrick Bell Go For A Walk, Matthew L.M. Fletcher

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When the Anishinaabeg were new to Anishinaabewaki, they knew little about how to fend for themselves. The animals and plants took pity on them and taught the Anishinaabeg. One winter, as the food stores of the Anishinaabeg were running out, an ininaatig (maple tree) saw an Anishinaabe innini (man) weakly scavenge for food. The ininaatig decided to offer part of itself to the Anishinaabeg. The ininaatig told the innini to cut off a branch. Ininaatigwabo, delicious, thick maple syrup, oozed from the stump. There was enough to feed the innini for many days. And there were many, many ininaatigoog …

The Abuse Of Neutrality, Rebecca Ingber

Articles

Neutrality law is a musty and obsolete body of international law that nevertheless rears its creaky head now and again in dangerous ways, most recently in the Russia-Ukraine conflict. The law of neutrality is a study in contradictions. It is obsolete yet remains on the books in treaties and military manuals. It purports to keep the peace and protect non-warring states yet today is invoked to expand conflict and protect aggressors. The legal benefits of neutrality have been entirely overtaken by other regimes. And yet neutrality law has not lost its luster despite losing its value. Instead of letting it …

Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea K. Schneider

Articles

Lawyers increasingly find themselves at the frontlines of the battlefield, just not in the traditional sense. Hybrid warfare is a conflict form that combines traditional military offensive measures with nontraditional methods, including the harnessing of legal systems to achieve strategic goals. Lawyers have always been at the frontline of typical legal risk assessment, thinking about a client's risk of liability or regulation costs generally. Now, lawyers must stand at the ready for a lot more: lawyers must be prepared for cyber-attacks, disinformation campaigns using artificial intelligence, the use of court systems to suppress reporting or shield bad actors, and so …

Boden Lecture: Taxation Of Autonomous Artificial Intelligence, Reuven S. Avi-Yonah, Lucas Brasil Salama, Herbert Snitz, W. Robert Thomas

Articles

This Article proposes that tax can be a useful supplement to other measures to regulate Autonomous Artificial Intelligence (AAI) and limit its potential harmful effects. This proposal differs from command-and-control regulation of AAI along the lines of European Union legislation that may unduly limit the development of AAI. It also differs from existing proposals to tax AAI to generate revenue to help workers displaced by AAI programs, or to tax the data used by AAI The proposal is based on granting AAI programs like ChatGPT separate legal personhood, like corporate personhood, while incentivizing or requiring their corporate owner to place …

The Law Of Energy Abundance, Alexandra B. Klass, Matthew Appel

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For the first time in decades, electricity demand in the United States is increasing due to the growth of data centers to power artificial intelligence, new manufacturing hubs, and transportation electrification. At the same time, coalfired power plants have been closing in response to competition from lower cost natural gas and renewable energy. Clean energy is being rapidly deployed to replace fossil fuels but not quickly enough to address concerns about demand growth and grid reliability. Accordingly, there is a growing imbalance between electricity supply and demand in many regions of the country that threatens to increase electricity prices and …

Systemic Regulation Of Artificial Intelligence, Yonathan Arbel, Matthew Tokson, Albert Lin

Articles

Today's artificial intelligence ("AI") systems exhibit increasing capabilities across a remarkable variety of tasks. The rapid growth in AI ability has caught the attention of policymakers, parliaments, and the United Nations. These entities are increasingly looking towards regulating AI, not only in its particular applications, but as a technology. Yet legal scholarship has thus far offered little to this new and critical regulatory conversation, which has instead been dominated by computer scientists and technologists.

This Article begins the project of assessing AI's broader risks and law's role in addressing them. These risks are wide ranging -they span harms to vulnerable …

Now You Have It, Now You Don’T: Taxing Crypto, Part 1, Reuven S. Avi-Yonah

Articles

The latest rise in the value of bitcoin has rekindled the debate on whether cryptocurrencies perform a useful function. For example, a recent article in the Financial Times argued: Have we learnt the lessons from the disastrous 2022 crash in digital assets? To judge from recent action in the crypto market, the answer appears to be no. Since hitting bottom after FTX collapsed into bankruptcy with a $9bn-ish hole in its balance sheet in November 2022, crypto market values have roughly tripled. Bitcoin’s price rose above $70,000 this week to touch record highs. A new wave of enthusiasm is growing, …

The Myth Of Slavery Abolition, Jocelyn Getgen Kestenbaum

Articles

In many countries today, slavery and the slave trade continue with impunity. International human rights law prohibits both abuses, but states are rarely held accountable and people who are enslaved or slave traded rarely receive redress. This Article offers a novel account of why international human rights law advocacy neglects slavery and the slave trade. Specifically, this Article demonstrates that the abolition of the Transatlantic and East African slave trades was achieved through a legal framework that marginalized the human rights of enslaved persons while consolidating empire. In the wake of World War II, prohibitions on slavery and the slave …

Defeat Fascism, Transform Democracy: Mapping Academic Resources, Reframing The Fundamentals, And Organizing For Collective Actions, Francisco Valdes

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No abstract provided.

‘Is This Song A Rebel Song?’: Republican Legitimacy And The Contested Narratives Of The Irish Revolutionary Soundscape, Seán Ó Cadhla

Articles

This article will demonstrate how the diverse body of musical narratives broadly collectivised as ‘Irish rebel songs’ exhibit multi-layered categorisation difficulties beyond those typically pertaining to the wider canon of traditional folksong. Due to the systemic, often febrile, contestation surrounding ideological legitimacy within the Irish national struggle, such texts must necessarily navigate multiple historico-political complexities, foremost of which is the dogmatically essentialised, yet organisationally splintered, tradition of physical-force Irish Republicanism. Such disputed ideological demarcations encourage a notable subjectivity in terms of how rebel songs are viewed from both musicological and political perspectives in Ireland to the present, a liminality reflected …

Theorising Political Legitimisation: From Stasis To Processes, Paddy Dolan, Stephen Vertigans, John Connolly

Articles

Legitimacy remains a key concept in political sociology, and perhaps even more so in lay understandings of political processes and structures, as evidenced by conflict over territories and regimes around the world. However, the concept suffers from a rather static representation, and even when addressed in processual form, in terms of specific moments in the process, such as conditions favouring legitimacy or its effects. Building from an Eliasian perspective, we argue for a more processual concept of legitimisation to encompass the dynamic social networks (figurations) that constitute the more unintentional context for deliberate legitimation claims. As networks expand and intensify, …

Succession’S Chappaquiddick Moment, Richard Mcadams

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No abstract provided.

Legal Endearment: An Unmarked Barrier To Transforming Policing, Public Safety, And Security, Emmanuel Mauleón

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The problems of racialized policing have come into renewed focus over the past decade. The advent of viral bystander videos has not only forced a popular confrontation with moments of both routine and extraordinary policing violence but also sparked protests, uprisings, and grassroots movements to challenge current practices in policing and determine what must be done to transform it. And yet, even after the mobilization of one of the largest racial justice movements in American history, transformative change remains elusive. This Article offers an answer to this puzzle by foregrounding White people’s collective relationship with policing and describing how this …

The General-Law Right To Bear Arms, William Baude, Robert Leider

Articles

No abstract provided.

Systematic Regulation Of Artificial Intelligence, Yonathan Arbel, Matthew Tokson, Albert Lin

Articles

Today's artificial intelligence ("AI'') systems exhibit increasing capabilities across a remarkable variety of tasks. The rapid growth in AI ability has caught the attention of policymakers, parliaments, and the United Nations. These entities are increasingly looking towards regulating AI, not only in its particular applications, but as a technology. Yet legal scholarship has thus far offered little to this new and critical regulatory conversation, which has instead been dominated by computer scientists and technologists.

This Article begins the project of assessing AI 's broader risks and law 's role in addressing them. These risks are wide ranging-they span harms to …

Sovereignty Before Law, Salmoli Choudhuri, Moiz Tundawala

Articles

Book review: Violent Fraternity: Indian Political Thought in the Global Age, by Shruti Kapila, Princeton, Princeton University Press, 2021, 328 pp., $37.00/£30.00, ISBN 9780691195223

The (Tax) Policy Entrepreneur, Mirit Eyal-Cohen

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No abstract provided.

Mapping And Mobilizing Legal Criticalities: Making The Move From Diaspora To Collective Or Legal Scholars Making A Difference As Culture Warriors, Francisco Valdes

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No abstract provided.

Disarmament Is Good, But What We Need Now Is Arms Control, Daniel H. Joyner

Articles

This article aims to correct a number of misconceptions held by both scholars and activists about the United Nations Treaty on the Prohibition of Nuclear Weapons (TPNW), and international nuclear weapons law generally. It first reviews the development of international law related to nuclear weapons, and provides a novel taxonomy of legal obligations divided into three substantive categories. It then examines the TPNW within that taxonomy, and considers how it should be understood to fit within this legal context. It concludes that the TPNW is essentially a nuclear disarmament treaty. While it should be welcomed as a contribution to nuclear …

Humans In The Loop, Nicholson Price Ii, Rebecca Crootof, Margot Kaminski

Articles

From lethal drones to cancer diagnostics, humans are increasingly working with complex and artificially intelligent algorithms to make decisions which affect human lives, raising questions about how best to regulate these “human in the loop” systems. We make four contributions to the discourse.

First, contrary to the popular narrative, law is already profoundly and often problematically involved in governing human-in-the-loop systems: it regularly affects whether humans are retained in or removed from the loop. Second, we identify “the MABA-MABA trap,” which occurs when policymakers attempt to address concerns about algorithmic incapacities by inserting a human into decision making process. Regardless …

The Quest For Influence: Examining Russia's Public Diplomacy Mechanisms In Africa, Isaac Antwiboasiako

Articles

This article examines Russian public diplomacy mechanisms in Africa. These include the intentional use of historical ties, various aid programmes in education and health, the targeted use of international broadcasting and digital media, and the exploitation of anti-Western sentiments on the continent. Russia employs these to win the hearts and minds of African publics for its national interest. The article first explores Moscow’s public diplomacy in general and analyses the challenges Russia faces in Africa, which has become a ‘dumping ground’ for public diplomacy campaigns by the US, the EU and its members, the UK, and China. The article argues …

The Case For Banning (And Mandating) Ransomware Insurance, Kyle D. Logue, Adam B. Shniderman

Articles

Ransomware attacks are becoming increasingly pervasive and disruptive, resulting in ransom demands becoming more exorbitant. Payments for ransom costs are increasingly being covered by insurance, which may offer coverage for a variety of cyber-related losses. Some commentators have expressed concern over this market phenomenon. Specifically, the concern is that the presence of insurance is making the ransomware problem worse based on the following theory: because there is ransomware insurance that covers ransom payments, and because paying the ransom is often far cheaper than paying the restoration and business interruption costs covered under the policy, there is an increased tendency to …