Law Commons^™

Big Tech Becomes Psychic: The End Of Personal Autonomy, Zachary Williams

Journal of Law, Technology, & the Internet

Individual choice is being threatened. Private companies already held the ability to nudge consumer choices with targeted advertising. Now, with the rise in data collection and the innovation of technology and machine learning, companies are beginning to garner the ability to entirely manipulate them. Major companies can create a psychographic profile of any user using copious amounts of data collected and stored in what is essentially a library of information on each user. With access to personal or sensitive data from multiple digital markets, the profile could not only correctly identify not only a user’s likes and dislikes, but even …

A New Frontier In Online Dispute Resolution: Combining Ai And Mindfulness, Noopur Amin

Journal of Law, Technology, & the Internet

The use of artificial intelligence (AI) in dispute resolution has gained attention due to its potential to streamline the resolution process and reduce costs. The purpose of this paper is to explore the integration of AI with alternative dispute resolution (ADR) processes and propose an online dispute resolution (ODR) model that combines elements of mindfulness and different forms of AI. The paper begins by providing an overview of the history of ODR and introducing Lodder and Zeleznikow's three-step ODR model. It then explores the role of AI in dispute resolution and provides a brief history of AI generally. The comparison …

Artificial Intelligence In The Courtroom: Forensic Machines, Expert Witnesses, And The Confrontation Clause, Ian Maddox

Journal of Law, Technology, & the Internet

From traditional methods like ballistics and fingerprinting, to the probabilistic genotyping models of the twenty-first century, the forensic laboratory has evolved into a cutting-edge area of scientific exploration. This rapid growth in forensic technologies will not stop here. Considering recent developments in artificial intelligence (“AI”), future forensic tools will likely become increasingly sophisticated. To be sure, AI-enabled forensic tools are far from theoretical; AI applications in the forensic sciences have already emerged in practice. Machine learning-enabled acoustic gunshot detectors, facial recognition software, and a variety of pattern recognition learning models are already disrupting law enforcement operations across the country. Soon, …

Introduction - Permitting The Future, Jonathan H. Adler

Case Western Reserve Law Review

No abstract provided.

Infrastructure For The Energy Transition, Timothy Fitzgerald

Case Western Reserve Law Review

No abstract provided.

Permitting The Energy Transition, James W. Coleman

Case Western Reserve Law Review

No abstract provided.

The New Nepa? – A Case Study In Congressional Frustration, Victor Flatt

Case Western Reserve Law Review

No abstract provided.

Cracking Causation: The Need For A Workable Link Between The Anti-Kickback Statute And False Claims Act, Andrew Mcgirty

Case Western Reserve Law Review

No abstract provided.

Reconciling With The State: A Narrative Inquiry Into The Perspectives Of Reconciliation Of Wrongfully Convicted Persons In Southern Nigeria, Chinyere Erica Chisom

Department of Conflict Resolution Studies Theses and Dissertations

Wrongfully convicted persons in Nigeria experience numerous harms and losses from their wrongful convictions and face various challenges after their exoneration and release from prison. These adverse effects occur on multiple levels of the wrongfully convicted persons’ relationships and impact these relationships in profound ways. Although legal remedies exist to deal with the aftermath of wrongful convictions in Nigeria, they are grossly inadequate. Reconciliation, an innovative, holistic, and restorative measure, is required to address the impact of these devastating experiences and repair the affected relationships. Grounded in the social contract, human needs, and restorative justice theories, this study employed a …

Repurposed Energy, Hannah Jacobs Wiseman, Alexandra Klass

Faculty Scholarship

Wildfires, weather extremes, and other conditions induced partially by climate change add urgency to the project of accelerating the clean energy transition from fossil fuels to zero-carbon energy infrastructure. Yet the hurdles to accomplishing such a massive industrial-scale transition are daunting. Indeed, large renewable energy generation projects regularly face denials or project-killing delays across the United States. This Article proposes a national policy to channel the bulk of new clean energy projects to targeted categories of both rural lands and urban, post-industrial lands that we define collectively as “repurposed energy” sites. Such lands will consist of marginal farmland, abandoned coal …

University And Law School Personnel, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Dedication To Dean & Professor Emeritus Thomas Earl Geu, South Dakota Law Review, Thomas C. Barnett, Colin Bernard, Hannah Haksgaard, Christine Hutton, Veronica Knutson, Dylan Novak, Tom Simmons, Barry R. Vickrey

South Dakota Law Review

No abstract provided.

Quantifying The Rural Legal Desert Problem: Assessing Access To Justice And Legal Services In Marginalized Communities, K. Aleks Schaefer, Andrew Van Leuven

South Dakota Law Review

No abstract provided.

Ten Is Too Young: South Dakota's Need For A Legislative Amendment Raising The Minimum Age Of Criminal Responsibility To Fourteen, Taylor Graves

South Dakota Law Review

No abstract provided.

Fostering A Law Student's Professional Identity: How Law School Field Placements And Online Programming Can Develop The Next Generation Of Rural Lawyers, Melissa L. Kidder

South Dakota Law Review

No abstract provided.

Sharing Elected Prosecutors, Quinn Yeargain

South Dakota Law Review

No abstract provided.

Friends In Law Places- The Role For Medical-Legal Partnerships In Reshaping The Rural Bar And Bedside, Michael Sobol

South Dakota Law Review

No abstract provided.

Reimagining The Successful Attorney Archetype, Amanda L. Kool

South Dakota Law Review

No abstract provided.

Leveraging Technology And Law School Pro Se Clinics To Enhance Rural Access To The Courts, Marilyn Trefz, Kelly Collinsworth

South Dakota Law Review

No abstract provided.

Indigent Legal Services In South Dakota: A History, Benjamin Titus

South Dakota Law Review

No abstract provided.

Revising The Indian Plenary Power Doctrine, M. Henry Ishitani, Alexandra Fay

Michigan Journal of Race and Law

The federal Indian law doctrine of Congressional plenary power is long overdue for an overhaul. Since its troubling nineteenth-century origins in Kagama v. United States (1886), plenary power has justified invasive Congressional interventions and undermined Tribal sovereignty. The doctrine's legal basis remains a constitutional conundrum. This Article considers the Court's recent engagement with plenary power in Haaland v. Brackeen (2023). It argues that the Brackeen opinions may signal judicial readiness to reevaluate the doctrine. The Article takes ahold of Justice Gorsuch's critical assessment and runs with it, ultimately proposing a method for cleaning up this destructive and constitutionally dubious line …

Lest We Be Lemmings, Claire Wright

Faculty Articles

Lest We Be Lemmings concerns global warming, which is the most grave threat facing humanity today. In this article, I first: (1) discuss how the U.S. Congress and the U.S. Executive Branch, for decades, have been aware of the existence of global warming and its main cause – the burning of fossil fuels and emission of CO₂ - but have consistently failed to regulate the fossil fuel industry, reduce the lucrative subsidies that they provide to the fossil fuel industry, and hold the fossil fuel industry responsible for global warming; (2) explain how the fossil fuel industry, for decades, …

Municipal Abortion Bans: When Local Control Clashes With State Power, Laura D. Hermer

American University Journal of Gender, Social Policy & the Law

Anti-abortion activists are using different strategies in different states. Some focus on restricting zoning for abortion clinics. Others address the licensure of abortion providers. Some purport to create a cause of action for private individuals to sue neighbors and others in their municipality who get an abortion. Still, others seek to enforce the federal Comstock Act, alleging that it prohibits the mailing of abortifacients and preempts state abortion law to the contrary.

This Article evaluates the likely success of each of these strategies in two states in which they are currently being tried: Nebraska and New Mexico. Part I will …

The Implications Of Artificial Intelligence In The Criminal Justice System, Natalie Garay

Honors Undergraduate Theses

This thesis focuses on artificial intelligence's recent implications on the criminal justice system regarding its admissibility as evidence in civil and criminal cases. One of the main concerns surrounding artificial intelligence is determining the validity of AI application; application refers to the accuracy "AI measures, classifies, or predicts what it is designed to" (Article: Artificial Intelligence as Evidence by Paul W. Grimm, Maura R. Grossman & Gordon V.Cormack.(https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1349&context=njtip). Privacy law will also be analyzed in this analysis. Is evidence recorded without the individual's consent or knowledge acceptable in determining an individual's guilt? This analysis will primarily focus on …

Elements Of The Criminal Minds, Kelsie A. Esposito Ms.

Honors Undergraduate Theses

Studying human behavior and societal dynamics has captivated scholars across time. From ancient philosophers like Plato to contemporary researchers, the quest to comprehend our distinctiveness and the mechanisms that enable harmonious coexistence remains paramount. This thesis examines the enigmatic realm of the “criminal class,” looking at their identity and actions and the cognitive processes underpinning their behavior. Focusing on violent criminal offenders, this thesis seeks to provide greater meaning and understanding of the criminal mind.

Centering Students’ Rights In Our Democracy: A Case Study From Maryland’S Eastern Shore, Samantha C. Pownall

Articles & Chapters

No abstract provided.

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 7, Iss. 2

Cardozo International & Comparative Law Review

No abstract provided.

The Chinese Balloon Incident And Partisanism In International Law, Samuli Seppänen

Cardozo International & Comparative Law Review

This Article discusses the implications of the February 2023 Chinese balloon incident for understanding Chinese foreign policy elites' approaches to international law. It argues that the Chinese balloon incident fits the perception of a globally ambitious and activist China. At the same time, the ethically ambiguous context offoreign surveillance flights problematizes the stark dichotomies between authoritarian and liberal approaches to international law. Chinese legal arguments in the Chinese balloon incident followed the Cold War-era playbook of diplomatic exchanges on unauthorized flights in foreign airspace. Moreover, the Chinese commentary on U.S. conduct in the Chinese balloon incident in some ways resembled …

Authoritarian International Law: An Unfinished Research Odyssey, Roda Mushkat

Cardozo International & Comparative Law Review

The concept-rich international legal space has expanded in the past few years by incorporating the notion that there is a distinct form of internationalaw possessing authoritarian traits. This notion stands in contrast with the time-honored mainstream variant which is assumed to have liberal-democratic roots and dispositions. A product of the current decade, authoritarian international law has nevertheless left a palpable mark on international legal theory and is believed to have materially reshaped the international legal landscape. The primary aim of this Article is to summarize the achievements made in analyzing the dimensions of this new concept and its considerable practical …

Rulers, Victims, Educators, Or Partners? Judges' Perception Of Their Relationship With Lawyers, Boaz Shnoor, Eyal Katvan

Cardozo International & Comparative Law Review

Judges oftenface lawyer misbehavior in court. Such misbehavior, and the way judges address it, are pressing issues, which challenge all courts. However, the current literature on the legal profession and legal education lacks a systemic analysis of judges' perceptions of lawyers' behavior in their courtrooms, of the ways in which judges are influenced by lawyers' misbehavior, and of the ways in which they respond to it. This Article fills this gap by empirically analyzing judges' perceptions of lawyers' misbehavior, how it influences judges' work environments, the methods they use to cope with it, and the constraints they face in dealing …