Law Commons^™

Volume 49 (2025), Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

Conference Speakers, Canada-United States Law Journal

Canada-United States Law Journal

Proceedings…48th CUSLI annual conferrence

Closing Remarks, Chios Carmody

Canada-United States Law Journal

No abstract provided.

Welcome And Opening Remarks, Amb. Mark Green, Stephen Petras

Canada-United States Law Journal

No abstract provided.

Panel I: Intellectual Property, Copyright, And Ai, Stephen D. Burns, Jamie Simpson, Heather West, Stephen Paille

Canada-United States Law Journal

No abstract provided.

Panel Ii: Disinformation, Deepfakes, And The Law, Rachel Freedman Lyngaas, Michael Cass-Antony

Canada-United States Law Journal

No abstract provided.

Policing In Pixels, Lea Cazaudumec Lucas

Journal of Law, Technology, & the Internet

Artificial Intelligence (AI) is transforming border security and law enforcement, with facial recognition technology (FRT) at the forefront of this shift. Widely adopted by U.S. federal agencies such as the FBI, ICE, and CBP, FRT is increasingly used to monitor both citizens and migrants, often without their knowledge. While this technology promises enhanced security, it’s early-stage deployment raises significant concerns about reliability, bias, and ethical data sourcing. This paper examines how FRT is being used at the U.S.-Mexico border and beyond, highlighting its potential to disproportionately target vulnerable groups and infringe on constitutional rights.

The paper provides an overview of …

Conference Speakers, Speakers

Canada-United States Law Journal

Proceedings of the 2nd Wilson Canada-United States Legal Issues Symposium

George A. Leet Business Symposium: Introduction – Relational Contracts And Industrial Policy: Diversity Shows Discriminating Alignment In Choosing Organizational Structures And Enforcement Techniques, Juliet Kostritsky

Case Western Reserve Law Review

No abstract provided.

Arbitration Of Investment Adviser Disputes Is Unfair: How Ria Arbitration Fails Investors, Adam Gana, James Fallows Tierney, Zahra Hodjat

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 75 Issue 3 (2025)

Case Western Reserve Law Review

No abstract provided.

True Threats And The Neuroscience Of Fear, Paul E. Mcgreal

Case Western Reserve Law Review

No abstract provided.

The Expressive Power Of Protecting Intimate Privacy: A Comparative Study Of Legal And Platform Measures, Danielle Keats Citron, Jonathon W. Penney, Alexis Shore Ingber

Case Western Reserve Law Review

No abstract provided.

Agencies, Appropriations, And Abortions: The Use Of Federal Funds In The Post-Dobbs World, Nathaniel Gray Sommers

Case Western Reserve Law Review

No abstract provided.

Deepfakes, Deep Skepticism, And The Privacy Dividends Of A Default Of Distrust, Marc Jonathan Blitz

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Kevin C. Mcmunigal, Michael Scharf

Case Western Reserve Law Review

No abstract provided.

Waive Goodbye To Corporate Accountability? Reforming The Federal Arbitration Act To Protect Consumers With Small-Value Claims, Matthew Matolka

Case Western Reserve Law Review

No abstract provided.

Cognitive Decline And The U.S. Presidency: The Case Of Joe Biden, Mark Fisher, Sandy Sanbar

Health Matrix: The Journal of Law-Medicine

This article examines the intersection of cognitive health, medical ethics, and constitutional governance through the lens of President Joe Biden’s medical history and recent cognitive performance. Highlighting the absence of formal neurocognitive testing protocols for presidential candidates and sitting Presidents, it raises critical questions about transparency, accountability, and the statutory and ethical obligations of medical professionals serving in political contexts. The paper discusses Biden’s stroke history, neurosurgical interventions, and subsequent lack of documented cognitive assessments, emphasizing the implications for public trust and the constitutional duty to ensure an executive fit for office. It advocates for the implementation of standardized, objective …

Front Matter, Vol. 57 (2025)

Case Western Reserve Journal of International Law

No abstract provided.

Masthead, Vol. 57 (2025)

Case Western Reserve Journal of International Law

No abstract provided.

Foreword: The Geneva Conventions At 75: Need For Innovation, Michael P. Scharf, Annalie Buscarino

Case Western Reserve Journal of International Law

No abstract provided.

White Paper On The Need To Strengthen International Humanitarian Law To Address The Challenges Of 21st Century Warfare, Cleveland Experts Meeting

Case Western Reserve Journal of International Law

"On the seventy-fifth anniversary of the Geneva Conventions, thirty leading experts in the field of IHL from around the world gathered at Case Western Reserve University School of Law in Cleveland, Ohio, on September 26, 2024, to discuss whether there is a need to strengthen IHL to address the challenges of 21st century warfare, and how that could best be accomplished. The experts participated in three follow-up meetings over Zoom on October 31, November 7, and November 14, 2024. The participating experts are listed at the end of this document. The experts participated in their personal capacity; the views expressed …

Digital Sovereignty And Ai: New Threats To Corporate Participation In Internet Governance?, Michael J. Kelly, David E. Satola

Case Western Reserve Journal of International Law

Authoritarian regimes have long challenged the multistakeholder model of Internet governance in pursuit of more state-centered controls. Recent assertions of digital sovereignty, coupled with dramatic advancements in artificial intelligence (AI), present twin threats that those regimes may now deploy to advance that challenge. This Article argues that corporations, which currently have a seat at the governance table, must engage with this debate on the side of Western liberal democracy and Internet human rights or risk losing those seats. (Abstract from authors.)

Cyber Operations And The Crime Of Aggression, Jennifer Trahan

Case Western Reserve Journal of International Law

The Article examines how the crime of aggression could be committed through cyber operations, analyzing the definition of the crime contained in the Rome Statute of the International Criminal Court. The Article also examines the restrictive jurisdictional regime that the ICC has over the crime of aggression, which States Parties must fix so that the ICC can have meaningful jurisdiction over the crime. The Article briefly also considers the topic of gravity and cyber-operations. (Abstract from author.)

Human Rights In Technology -- A Need For A New Norm, Els De Busser

Case Western Reserve Journal of International Law

The field of cyber security has relied on norms quite heavily to govern the behavior of states and non-state actors in cyberspace. However, existing norms do not offer guidance on integrating attention to human rights into the design and development of digital consumer products. This Paper introduces a way to foresee the human rights impact of new technology combined with a form of governance that regulates problems we do not know exist yet. (Abstract from author.)

The Geneva Conventions At 75: An Argument That New Legal Authority Is Needed To Fill Critical Gaps, Sandra Hodgkinson

Case Western Reserve Journal of International Law

For seventy-five years, the Geneva Conventions have served as the gold standard of treatment for military forces that take part in hostilities. However, modern developments on the battlefield, including the rise of non-state actors in today’s conflicts, have exposed gaps in the Geneva Conventions that require new legal authority. States should pursue avenues to fill these gaps with binding new legal authority, as well as continue the development of customary international law, and soft-law projects. (Abstract from author.)

A Taste Of Armageddon: Legal Considerations For Lethal Autonomous Weapons Systems, Paul R. Williams, Ryan Jane Westlake

Case Western Reserve Journal of International Law

Lethal Autonomous Weapons Systems (LAWS) represent a profound shift in the nature of warfare, where machines, not humans, make life-or-death decisions on the battlefield. While these weapons offer strategic advantages, such as reducing human casualties and increasing operational efficiency, they also introduce significant legal, ethical, and accountability challenges. This Article explores the complexities surrounding the proliferation and use of LAWS, arguing that a total ban is unlikely due to the widespread accessibility and benefits these technologies offer to those who deploy them. Rather, this Article proposes the application of strict liability—traditionally a tort law concept—to the developers of LAWS as …

Autonomous Weapons Systems And The Need To Update International Humanitarian Law?, Milena Sterio

Case Western Reserve Journal of International Law

This Article discusses whether the relevant rules of International Humanitarian Law (IHL), and in particular, the 1949 Geneva Conventions and their 1977 Additional Protocols should be updated in order to develop a clearer framework regarding the permissibility and legality of the use of Autonomous Weapon Systems (AWS) in armed conflict. This Article first discusses the existing Geneva Conventions and Additional Protocols’ rules applicable to the use of all weapons, including AWS. Next, this Article discusses possible ways of reshaping and reconceptualizing IHL in order to adapt its current rules or to develop new rules that would better regulate the use …

"Old" Law For A "New" Frontier: The Sufficiency Of International Humanitarian Law In Outer Space, Christian Jorgensen

Case Western Reserve Journal of International Law

As military capabilities and activities continue to expand into outer space, questions arise as to whether new legal frameworks are necessary to govern armed conflict beyond Earth. This Article argues that existing international humanitarian law (IHL) principles, including distinction, proportionality, necessity, and humanity, remain sufficient to regulate military operations in space. Rather than drafting new black-letter rules, states should focus on interpreting and applying current law in light of the unique characteristics of space warfare, including the enduring dangers of space debris and the widespread civilian reliance on satellite infrastructure. This Article examines the applicability of IHL in outer space, …

Space Warfare: Do We Need Additional Treaties?, Col. Stuart A. Pettis (Ret.)

Case Western Reserve Journal of International Law

With the growth in counter-space weapons and military services dedicated to space, should International Humanitarian Law be expanded to address a “war in space?” This Paper will examine what a conflict in space would look like and existing laws that govern military activities in space. Ultimately, this paper will argue that International Humanitarian Law is already flexible enough to address this new venue for conflict. (Abstract from author.)