Law Commons^™

What Is The Availability Of Insurance Coverage For Claims Of Sexual Misconduct And Abuse?, Paul Walker-Bright, Karen Dixon, Michael Hamilton, Seth Row

Connecticut Insurance Law Journal

No abstract provided.

The Liability Insurer’S Duty To Defend “Suits”, Douglas R. Richmond

Connecticut Insurance Law Journal

No abstract provided.

Cognitive Warfare: Generative Ai, False Realities, And International Humanitarian Law, Gary Corn

Joint PIJIP/TLS Research Paper Series

This paper, written as a draft chapter for the Lieber Institute for Law and Land Warfare's forthcoming book on International Law and Artificial Intelligence in Armed Conflict: The AI-Cyber Interplay, explores the IHL implications of a specific subfield or category of AI—Generative AI (GenAI). This new and rapidly evolving technology does not merely analyze or classify data; it also generates original image, audio, and video content. This synthetic content can be highly deceptive and manipulative, as in the case of so-called “deepfakes.” Combined with other information and communications technologies (ICT) and AI capabilities, GenAI has the potential to drastically transform …

Columnas: The Honors Program Newsletter At Bentley University, Amanda Li, Wilson Jan, Michael Raphael, Alexandra Rieckehoff, Karina Wu, Michael Shehata, Nilufar Noorian, Eloise Weintraub

Honors Program

INSIDE THE MODERN WORLD

Page 2: Stepping Out by Amanda Li

Page 3: Inside the Corporate Slop Bowl by Wilson Jan

Page 4: The Silencing: An Evaluation of the Global Attacks on the Right to Protest by Michael Raphael

THE SOUND OF CHANGE

Page 5: The Social, Cultural, and Economic Impact of Bad Bunny by Alexandra Rieckehoff

Page 6: Streaming Changed Music, But Is It Fair to Artists? by Karina Wu

Page 7: Feeling the Music: How Haptic Wearables Are Changing the Way We Experience Sound by Michael Shehata

SHIFTING SYSTEMS

Page 8: The Story Behind Davos, One of the …

Mapping Disabled Justice: Empirical Research Towards A People-Centered Approach, Qudsiya Naqui

Book Chapters

This paper reviews access to justice for people with disabilities, focusing on what we know—and still need to know—about how justice systems can better serve and include disabled populations. Based on existing research, we know that disabled people, constituting roughly 16% of the global population, face significant legal, informational, communication, physical, and economic barriers at all stages of the justice process, and are disproportionately represented in both civil and criminal legal systems. We also know that these barriers impede disabled people’s access to the law, access to legal processes, and access to just outcomes, undermining their ability to engage in …

Argument For Statewide Vaccine Mandates—An Ethical And Legal Analysis, Liv Hymowitz

Colorado Law Student Scholars

No abstract provided.

Students' Rights In School, Gator Team Child Clinic

Gator Team Child Juvenile Law Clinic

An informational flyer that gives an overview of important students' rights cases in your pocket. The three cases in the flyer that are summarized are, New Jersey v. T.L.O. (1985), Tinker v. Des Moines (1969) and In Re Gault (1967).

Law Over Water: Piracy And The Yemen Civil War, Case Western Reserve University School Of Law

Yemen Accountability Project (YAP)

"The Yemen Accountability Project (YAP) is proud to announce the publication of its seventh white paper, Piracy and the Yemen Civil War. Piracy is a crime of such gravity that it has been recognized as jus cogens—a peremptory norm of customary international law subject to universal jurisdiction, with states holding both the right and the obligation to prosecute pirates wherever they are found. Despite this universal prohibition, YAP has documented instances of piracy and associated violations of international humanitarian and human rights law committed by parties to the Yemen Civil War, including hostage taking, torture, arbitrary detention, and the potential …

The New Normal: Ai Hallucinations In Legal Practice, Cody B. James

Faculty Journal Articles & Other Writings

This Article examines the technological causes of hallucinations, distinguishing between misgrounded errors and fully fabricated content, and explains why even sophisticated legal‑specific AI tools cannot eliminate the problem. Drawing on recent sanction decisions and professional responsibility rules, the Article demonstrates that reliance on hallucinated authority routinely results in monetary sanctions, disciplinary referrals, and adverse litigation consequences, regardless of intent or awareness. The Article further argues that hallucinations are not a temporary flaw but an inherent feature of generative AI systems. It concludes by outlining concrete research and verification practices lawyers must adopt to detect hallucinations and by reaffirming that ethical …

Virtual Reality Training Assists With Police De-Escalation, Brad Kneller

Center for Cybersecurity

Title: Virtual Reality Training Assists with Police De-escalationAuthor: Brad Kneller, Department of Criminal Justice, Kean UniversityAbstract:Objective/Overview: Everyday police officers encounter high-stakes situations that require split-second decisions, where outcomes can be life or death. In many cases, de-escalation techniques could replace or reduce the need for force, potentially leading to safer resolutions for both officers and civilians. To support officers in developing these skills, universities, police departments, and community agencies are exploring innovative training methods, such as the use of virtual reality (VR). VR enables officers and trainees to engage in realistic, immersive scenarios that traditional classroom or role-play settings cannot …

Bridging Theory And Practice: A Criminal Justice Course Collection, Penny Geyer

Open Educational Resources

Dr. Penny Geyer compiled a full reading list, course calendar, set of weekly discussion questions, in-class experiential exercises, a death penalty case-study module, and a final paper assignment into a single, organized course packet that can be easily accessed, revised and remixed by other instructors teaching theory-to-practice criminal justice courses.

Tel-Ai-Matic Privacy, Anya E.R. Prince

Connecticut Insurance Law Journal

Vehicles collect a staggering amount of data from drivers and passengers for various reasons. Automobiles increasingly include sensors and technology to improve safety and driver convenience. But auto insurers also find this trove of consumer data useful for pricing through telematics. An ever-growing number of data points can be fed into artificial intelligence (AI) systems to identify correlations with driving risk. Yet the data can also reveal sensitive information related to health and protected traits. Lawmakers, regulators, and plaintiffs are increasingly scrutinizing the privacy practices of automakers and data brokers. Growing scrutiny of automakers' practices necessarily draws attention to the …

Governing Algorithmic Insurance: Reconciling The Eu Ai Act With Insurance-Specific Regulation, Pierpaolo Marano, Shu Li

Connecticut Insurance Law Journal

Artificial intelligence (AI) is reshaping the insurance industry, driving automation in underwriting, claims handling, and risk assessment. These technological developments offer enhanced efficiency and innovation, but they also raise complex legal questions regarding transparency, fairness, bias, and accountability. Within the European Union, existing regulatory frameworks—chiefly Solvency II and the Insurance Distribution Directive (IDD)—provide prudential and conduct-of-business safeguards but were not designed with algorithmic systems in mind. In response to emerging challenges, the EU adopted the Artificial Intelligence Act in 2024, establishing a horizontal, risk-based legal framework applicable across all sectors, including insurance. This article provides an EU-focused legal analysis of …

Insurability And Liability For Ai-Caused Harms, Mark A. Geistfeld

Connecticut Insurance Law Journal

The opacity of AI decision-making has led many tort scholars to conclude that ordinarily it will be infeasible to prove negligence or defect-based forms of products liability for AI-caused harms. According to mainstream tort theory, this evidentiary hurdle justifies strict enterprise liability for commercial AI distributors. Fully internalizing injury costs within these business enterprises adequately incentivizes them to adopt reasonably safe practices while relying on their liability insurance policies to efficiently and fairly compensate accident victims.

Mainstream theory, however, decisively biases the analysis in favor of strict enterprise liability by not accounting for how the expansion of liability would substantially …

Insurance And The Law Of Artificial Intelligence, Kenneth S. Abraham, Catherine M. Sharkey

Connecticut Insurance Law Journal

This Essay predicts that concerns about the insurability and insurance of AI liability will prove to be either exaggerated or unwarranted as the future unfolds. AI liability is already covered by a number of existing forms of “silent” liability insurance. We also predict the growth of “affirmative” AI insurance that expressly covers specified AI losses. There are already tiny bits of such insurance. That is how cyber insurance began, and it is now a thriving, $16.6 billion business in the U.S. alone. We believe that affirmative AI insurance will develop in a similar fashion, and that courts should anticipate such …

Body Cameras Use By Federal Agents, Kevin Holst

Center for Cybersecurity

In today’s political climate and increasingly tense view of law enforcement, obtaining a true and accurate account of police–civilian encounters has become more critical than ever. The widespread use of body-worn cameras serves as an essential tool in preventing false, misleading, or selectively edited narratives by providing objective and comprehensive documentation of interactions between law enforcement agents such as ICE and the public. Over the past decade, body cameras have proven beneficial for local police agencies by protecting officers from unfounded accusations, supporting investigations, and increasing overall transparency. As public scrutiny continues to rise, federal agents now face similar challenges, …

Usc Lawyer, Spring 2026, University Of South Carolina Joseph F. Rice School Of Law

Law School Alumni Magazines

No abstract provided.

“He Should Be Primaried, And I Will Lead The Charge Against Him”: An Autopsy On The Decline Of Grassroots Organizing And Rhetoric In A Monetized Democracy, Chiara H. Baez

Research and Creativity Symposium

Protest movements in the US have been steadily declining, unable to keep up with changing rhetoric and societal expectations regarding First Amendment free speech. Seemingly overnight, protests have lost the ability to directly input the people’s voice into policymaking. Grassroots protest movements are being priced out of the political participation that was once accessible to them by Political Action Committees (PACs), and politicians are favoring pollsters’ skewed data over the public opinion expressed in organized protest. This has created a systemic barrier, halting the voice of the American people. Grassroots protest movements have not disappeared from the American political landscape; …

Corporate Jurisdiction Competition In The United States: Delaware’S Dominance And The Rise Of Segmented State Competition, Leonardo Lupiano

Student Scholarship

Delaware has long dominated the American market for corporate charters, supported by its flexible corporate statute, specialized Court of Chancery, deep body of precedent, and strong network effects. Recent developments, however, suggest that Delaware’s dominance is facing more serious pressure than it has in decades. High-profile reincorporations, growing concern over Delaware litigation, and new statutory and judicial developments in other states have created a more active market for corporate law.

This Article examines that shift through five representative jurisdictions: Delaware, Nevada, Texas, Utah, and Wyoming. Delaware remains the baseline, but Nevada, Texas, Utah, and Wyoming now of er distinct models …

Morocco’S Liquid Gold: The Actual And Potential Role Of International Ip Law In The Protection Of The Traditional Knowledge Of Argan Oil, Christen Smith

Student Scholarship

This paper examines the actual and potential role of international intellectual property law in the protection of the traditional knowledge associated with argan oil, a product linked to the cultural heritage of the indigenous people in Morocco and increasingly commercialized globally. The paper starts with a background on the argan forest and the cultural significance of the argan tree. Then, the traditional production method used to extract argan oil is discussed. The paper also covers the rise of women’s cooperatives and how the argan oil industry has economically transformed in recent decades. The next section identifies problems in protecting traditional …

Zombie Litigation: Claim Aggregation, Litigant Autonomy And Funders' Intermeddling, Maya Steinitz

Faculty Scholarship

The main debate surrounding litigation funding in recent years has focused on the question of disclosure of funding agreements.  While the issue is important, predominantly because of its effects on the course and outcome of individual cases, far more important are bigger, interrelated questions that have systemic effects on the civil justice system, the legal profession, and the nature of the attorney-client relationship.  The rise of litigation funding has had profound effects.  The subsequent rise of portfolio funding—which I here propose to  view as a new form of undisclosed and unregulated claim  aggregation—has broader-still effects including clients’ potential, and at …

The Territorial Continuum: American Samoa, Criminal Adjudication, And Territorial Administration, Emmanuel Hiram Arnaud

Faculty Scholarship

The standard account of American territorial expansion posits that territorial acquisition moved along a spectrum of sovereignty. The federal government acquired new inhabited land through conquest or purchase, and the Constitution tasked Congress with organizing and administering the new territories until they were ready to become states. That pattern came to an abrupt halt in 1898 when, at the conclusion of the Spanish-American War, the Supreme Court, fearing the extension of citizenship to, and the permanent integration of, non-White populations into the American polity, suddenly pronounced that the Constitution authorized the holding of colonies. The Court thus sentenced new territories, …

Grading Machines: Can Ai Exam-Grading Replace Law Professors?, Kevin L. Cope, Jen Frankenreiter, Scott Hirst, Eric A. Posner, Daniel Schwarcz, Dane Thorley

Faculty Scholarship

In the past few years, large language models (LLMs) have achieved significant technical advances, such that legal-advocacy organizations are increasingly adopting them as complements to—or substitutes for—lawyers and other human experts. Several studies have examined LLMs' performance in taking law school exams, finding mixed results. Yet there have been no published studies systematically analyzing LLMs' competence at one of law professors' chief responsibilities: grading law school exams. This paper presents results of an analysis of how LLMs perform in evaluating student responses to legal analysis questions of the kind typically administered in law school exams. The underlying data come from …

On Predicting And Stopping Dystopia, Evan Selinger, Woodrow Hartzog

Faculty Scholarship

Is it reasonable to be dystopian about how the future will likely unfold? We think so. For some time, we have been arguing that facial recognition technology is a perfect tool of oppression, and that its pernicious affordances are leading society down a slippery slope toward the evisceration of privacy by obscurity. This is a soft form of “determinism”—the notion that while technology is not an unstoppable force and the future is not preordained, there nevertheless are identifiable factors, such as the invitingness of affordances, human nature, and incentives that drive technology in certain directions and make some social outcomes …

The Human Right To A Healthy Environment: Corporate Responsibility In Critical Mineral Extraction, Erika George

Faculty Scholarship

This paper argues that the emerging human right to a clean, healthy, and sustainable environment should guide the governance of critical minerals by incorporating the corporate responsibility to respect human rights throughout supply chains to ensure a racially just energy transition. It frames the climate crisis within the history and political economy of racial capitalism, contending that without rights-based guardrails, mineral supply chains risk reproducing the extractive harms and racialized disparities of the fossil fuel era, including labor abuses, displacement, water depletion, and violence disproportionately borne by racialized and Indigenous communities. Methodologically, the paper combines doctrinal analysis of international norms …

Giving Meaningful Effect To Victims’ Rights: The Canadian Victims Bill Of Rights As Quasi-Constitutional Legislation, Benjamin Perrin

All Faculty Publications

This research paper is the first detailed examination of the quasi-constitutional status of the Canadian Victims Bill of Rights ("CVBR") and the implications for its interpretation and application. It aims to provide a doctrinal account of this extraordinary legal recognition and to serve as a resource for scholars, judges, lawyers, and other justice system participants to ensure that the CVBR is interpreted and applied consistently with its aim of serving as a catalyst for transformative change to how the criminal justice system has historically treated victims.

Judicial Underreach: Tiktok Inc. V. Garland'S Implications For National Security And Free Speech, Olivia Sharp

Colorado Law Student Scholars

No abstract provided.

The Domestic Mirror: Tiktok V. Garland, Data Privacy, And Meaningful Free Expression, Olivia Sharp

Colorado Law Student Scholars

No abstract provided.

Beyond The Shield: The Business Judgment Rule As A Tool For Esg Initiatives, Samuel Hawkinson

Colorado Law Student Scholars

No abstract provided.

Rhetorical Violence: The Rhetorics Of Women's Counter Political Violence, Kylie Rowland

Department of English: Dissertations, Theses, and Student Research

Protest is omnipresent, and yet not much is known about the efficacy and impacts of its different rhetorical strategies—particularly so for marginalized populations, whose available means of protest are already limited by both material realities and assumptions that govern who and what can make waves. This bind is further exacerbated by gendered and racialized civility politics that determine which bodies can be disruptive and which already are considered “violent.” To address this gap, I turn toward the under-researched rhetorical potentials of marginalized people’s—specifically women and queer folks’—use of symbolic protest “violence,” which works to strategically make evident the larger ongoing …