Law Commons^™

Beyond Victims: Exploring Restorative Justice, Kolis Summerer

University of the Pacific Law Review

No abstract provided.

Criminalizing Intimate Image Abuse: A Comparative Perspective (Gian Marco Caletti And Kolis Summerer, Eds.), Oxford University Press, 2024, Pp. 407, $145.00 (Hardbound), Rachel A. Van Cleave

University of the Pacific Law Review

No abstract provided.

Breaking News Or Breaking Boundaries? The Legal Battle Over Publicity Versus Privacy For Leaked Intimate Content, Olga Gotsis

Hofstra Law Review

The article focuses on the legal tensions between publicity and privacy rights concerning the nonconsensual dissemination of intimate content of public figures, particularly in the digital and social media age. It traces the historical development of privacy law, highlighting the broad application of the newsworthy exception—which allows publication of private information deemed of legitimate public interest—and its expansion to include intimate sexual content of celebrities and influencers. The article discusses the challenges posed by judicial discretion in determining newsworthiness, the problematic inference of implied consent based on a public figure’s openness about sexuality, and the inadequacies of current state revenge …

The Shadow Of Legal Pluralism In Indonesian Islamic Courts: Child And Spousal Maintenance, Stijn Cornelis Van Huis

The Indonesian Journal of Socio-Legal Studies

This paper is inspired by Franz von Benda-Beckmann’s notion of “bargaining in the shadow of legal pluralism” and applies this notion to spousal and child maintenance negotiations that take place between judges, husbands and wives within divorce processes at Indonesian Islamic courts. I will argue that in the context of Muslim family law practice in Indonesia, the legal plural situation does not only influence out-of-court negotiations, but formal legal processes within the Islamic courts as well. It follows Keebet von Benda-Beckmann’s example in analyzing the legal plural dynamics of women’s claiming process comprehensively, by investigating the interconnectedness of the pre-trial, …

Editorial Foreword Ijsls Volume 4 Number 1, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

The late “Ibu” Keebet von Benda-Beckmann made a significant contribution to the development of legal anthropology, particularly in Indonesia, where she is regarded as a pioneer of the field. Together with her husband, Franz von Benda-Beckmann, she conducted research in Indonesia for more than 40 years, inspiring and laying the foundation for many Indonesian legal scholars to conduct research in legal anthropology and socio-legal studies. The Benda-Beckmann's works have become key references for legal anthropologists, proponents of legal pluralism, and socio-legal scholar around the world, to the extent that their theories and methodologies—particularly those related to the concept of legal …

Coding Anti-Discrimination Jurisprudence: A Hybrid Computational Model Of The Arlington Heights Test, Kevin S. Jobe

Philosophy Faculty Publications

The aim of this study is to understand the judicial reasoning process of anti-discrimination jurisprudence by utilizing a hybrid computational model. The advancement of hybrid computational legal studies that combine “law-as-code” and “law-as-data” approaches have led to promising techniques for tackling complex legal reasoning tasks as multifactor judicial reasoning standards. Following this hybrid model, this study conducts a statistical and multilayer perceptron (MLP) analysis of the judicial reasoning process of the multifactor Arlington Heights discriminatory purpose test based on an original hand-coded dataset of discrimination cases. The results of the study show that “sequence of events” predominates the other factors …

Futurescape Libraries Ai Toolkit, Keith Webster

Copyright, Fair Use, Scholarly Communication, etc.

A toolkit developed to explore scenario-specific strategies and activities that research libraries can undertake to prepare for various possible AI-influenced futures. The toolkit integrates the ARL/CNI AI Scenarios published in spring 2024 along with priorities trialed and refined by strategic thinkers working directly in, or adjacent to, the research library field during a Strategic Implications forum held December 7–8, 2024, in Washington, DC.

On Frand-Ly Terms: Examining The Role Of Juries In Standard-Essential Patent Disputes, Marta Krason

University of Chicago Law Review

Modern society relies on interconnected technologies, and interoperability has become crucial for meeting consumer expectations. Technology standards have emerged to ensure compatibility and interoperability across products. Once an industry selects a standard as the default for consumers and businesses, industry players begin to adapt it, often phasing out alternative—sometimes even superior— technologies. Holders of patents covering technology standards, known as standard- essential patents (SEPs), control the rights to an invention with no commercially viable alternative or that cannot be designed around while still complying with a standard. This gives SEP holders significant leverage in licensing negotiations

Standards development organizations (SDOs) …

Pizarro V. State Of Nevada, 141 Nev. Adv. Op. 44 (Sept. 18, 2025), Charnel Gibson

Nevada Supreme Court Summaries

CLARIFYING THE STANDARD AND BURDEN OF PROOF FOR ADMISSION TO NEVADA’S GAMBLER’S DIVERSION COURT UNDER NRS 458A.220; THE NEVADA SUPREME COURT HELD THE DISTRICT COURT DETERMINES A DEFENDANT’S ADMISSION INTO GAMBLER’S DIVERSION COURT AND HAS WIDE DISCRETION IN MAKING THIS FINDING. FURTHER, IT IS THE DEFENDANT WHO BEARS THE BURDEN OF PROVING ELIGIBILITY FOR PLACEMENT INTO THE SPECIALTY COURT.

Should The Oecd Accept Gilti As A Valid Iir?, Reuven S. Avi-Yonah

Articles

On June 26 Treasury Secretary Scott Bessent announced a deal with the G7 to accept the global intangible low-taxed income tax as a valid income inclusion rule tax and not apply the undertaxed profits rule to U.S. multinational enterprises. Bessent said a “joint understanding” among the United States and other countries will be announced soon. “OECD pillar 2 taxes will not apply to U.S. companies, and we will work cooperatively to implement this agreement across the OECD-G20 inclusive framework in coming weeks and months,” Bessent wrote. Soon after, Senate Finance Committee Chair Mike Crapo, RIdaho, and House Ways and Means …

Proposed Cloud Services Sourcing Rule: The Right Direction, Reuven Avi-Yonah, Jeffery M. Kadet, Karen Sam

Articles

This past January, in conjunction with the issuance of a final regulation (T.D. 10022) that treats income from defined cloud transactions as income from services, Treasury and the IRS released a proposed regulation (REG-107420-24) on the sourcing of that income. In 2019 a Treasury official had asked the tax community for feedback on whether specific cloud transaction sourcing rules were needed, and the preamble to a 2019 proposed regulation asked for comments on “administrable rules for sourcing income from cloud transactions in a manner consistent with sections 861 through 865.” The feedback was “split almost evenly with regard to whether …

Teaching Strategies For Building Belonging And Creating Community In Online And In-Person Legal Education, Sara J. Berman, Barrett L. Schreiner

St. Mary's Law Journal

No abstract provided.

Masthead

University of the Pacific Law Review

No abstract provided.

From The Intermediate Impossible To Core Democratic Check: The Future Of The Right To Counsel For Crime Victims, Margaret Garvin

University of the Pacific Law Review

No abstract provided.

Race, Class, And The Victims’ Rights Movement, Michael Vitiello

University of the Pacific Law Review

No abstract provided.

Crypto Regulation In The Time Of Trump, Lawrence J. Trautman

Michigan Technology Law Review

Donald Trump’s election as president during November 2024 results in perhaps the most dramatic philosophical change in approach to governmental regulation in over ninety years. The Great Depression of the 1930s created a need for regulatory reform and resulted in the advent of such new regulatory frameworks as the U.S. Securities and Exchange Commission (SEC). It has been the purpose of the SEC to create and nurture efficient securities markets enabling vibrant capital formation while preventing fraud upon the investing public. At issue is the contrast between the regulatory regime in place since 1933-34 and the Trump Administration’s desire to …

Remedies For Non-Disclosure In Asset Sales: Voidance Vs. Damages, Albert H. Choi, Kathryn E. Spier

Law & Economics Working Papers

This paper analyzes the problems of non-disclosure in the context of an asset sale between a buyer and a seller. The seller can have important information about the asset and can opportunistically decide not to disclose that information to the buyer, and the buyer may sue the seller ex post for remedy. The buyer and the court have a choice over different types of remedy. The paper considers three different remedy regimes: (1) no liability; (2) voidance; and (3) damages. Under voidance, the buyer can rescind the transaction (return the asset and get the price back), while with damages, the …

The Role Of Implicit Bias In Police Citizen Interactions - A Historical Review And Policy Recommendations, Catherine Anne Liedman, Ziwei Qi

International Journal of Undergraduate Research and Creative Activities

Abstract

This paper examines the impact of implicit bias on police-citizen interactions, contributing to racial disparities in stops, arrests, and the use of force. While explicit racism has declined since the Civil Rights Era, unconscious stereotypes continue to influence law enforcement decisions. Research highlights that Black individuals experience higher rates of police encounters and fatal force compared to White individuals, a pattern not fully explained by crime rates but rather by systemic and historical biases within policing institutions. Efforts to address implicit bias, such as diversity training, have shown limited long-term effectiveness. Instead, meaningful reform requires structural changes, including improved …

The New Framework For Directors’ Duty To Creditors And The Challenges Ahead – Foo Kian Beng V Op3 International Pte Ltd (In Liquidation) [2024] 1 Slr 361, Jonathan Ren Hao Cheong

Singapore Law Journal (Lexicon)

In Foo Kian Beng v OP3 International Pte Ltd (in liquidation) [2024] 1 SLR 361, the Singapore Court of Appeal introduced a two-step, three-category framework for evaluating whether a director has breached his fiduciary duty to consider the interests of creditors. This decision not only affirms the traditional understanding of the duty in other common law jurisdictions but also provides directors with clearer guidance on managing the affairs of the company in times of financial distress. This article builds upon the discussion in Foo Kian Beng by evaluating the new framework established by the SGCA. It also identifies potential challenges …

The Wellness Connection September 2025, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Most-Favored-Nation's False Promises, George A. Bermann

Faculty Scholarship

Most-favoured-nation (MFN) protection seems decidedly straightforward both in meaning and operation, certainly as compared to other investment protections, such as fair and equitable treatment, which are plagued with indeterminacy. But the clarity of meaning and ease of application of MFN clauses are largely illusory. An examination of arbitral case law reveals seriously underestimated uncertainties surrounding the doctrine’s scope and workings. But the problems with MFN run far deeper. MFN may have the virtue of enhancing the level of protection of foreign investments. But States do not only extend benefits; they also withhold them. MFN disrespects the balance that States sought …

Bank Supervision And Article Ii, Kathryn Judge

Faculty Scholarship

The administrative state is again at a cross roads. The Supreme Court seems poised to continue its march toward trying to fit all of government neatly into one of the three constitutionally enumerated branches. An important front of this shift has been a flattening of the mechanisms through which officers of the United States may be held appropriately accountable for their actions. Waning are the days when Congress had the flexibility to create the institutions it believed were “necessary and proper” for carrying into execution important policy aims and to determine the appropriate mechanisms for accountability in conjunction with considering …

Responsible By Design: Strategic Guidance Report On The Risks, Opportunities, And Governance Of Artificial Intelligence In The Military Domain, The Global Commission On Responsible Artificial Intelligence In The Military Domain, Mary Ellen O'Connell

Books

The Strategic Guidance Report reflects the independent judgement and deliberations of the Chair and Commissioners of GC REAIM. While the Commissioners have drawn on the valuable insights of the GC REAIM Expert Advisory Group, whose contributions, including authored policy notes, have informed aspects of this report, the responsibility for the views, recommendations, and conclusions expressed herein rests solely with the Chair and Commissioners, and does not necessarily reflect the views of the Experts or their respective organizations. The Global Commission acknowledges with appreciation the essential role of the Expert Advisory Group in supporting rigorous, multidisciplinary dialogue throughout the process.

CHAIR: …

U.S. Incentives To Capture And Store Co2, University Of North Dakota. Energy And Environmental Research Center

EERC Brochures and Fact Sheets

Fact sheet on the 45Q tax credit. 45Q was created in 2008 as a tax credit to incentivize the development of carbon capture, utilization, and storage (CCUS) projects.

Reimagining U.S. Tort Law For Deepfake Harms: Comparative Insights From China And Singapore, Huijuan Peng, Pey Woan Lee

Research Collection Yong Pung How School Of Law

This Article explores how U.S. tort law can respond more effectively to the distinct harms posed by deepfakes, including reputational injury, identity appropriation, and emotional distress. Traditional tort doctrines, such as defamation, the right of publicity, and intentional infliction of emotional distress (IIED), remain fragmented and ill-suited to the speed, scale, and anonymity of deepfake dissemination. Using a comparative functionalist approach, the Article analyzes how China and Singapore respond to deepfake harms through structurally divergent but functionally instructive frameworks. China’s model combines codified personality rights with intermediary obligations under a civil law regime, while Singapore adopts a hybrid approach that …

Strengthening The International Competitiveness Of Capital Markets: Global Insights And Local Strategies, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

Global capital markets are undergoing a profound transformation. Over the past decade, there has been a marked decline in Initial Public Offerings (IPOs) in most advanced economies, including those with highly developed capital markets such as the United Kingdom and the United States. Interestingly, during the same period, countries like Indonesia, Malaysia, Thailand and particularly China, have witnessed a significant increase in the number of listed companies, contributing to making Asia home to approximately 55% of all listed companies worldwide. The decline in IPO activity has prompted many countries and regions around the world, including the United Kingdom, the United …

Sustaining Inclusion During Challenging Times: Reflections From The 2025 Aall Annual Meeting, Ariel Newman, Laura Dixon-Caldwell

Faculty Works

Reflections of two law librarians after attending the 2025 Annual Meeting of the American Association of Law Libraries (AALL).

The Duty Of Police To Intervene: An Argument For Limits, John E. B. Myers

Hofstra Law Review

Police have a duty to intervene to stop fellow officers from using excessive force. Most commentators favor expanding this duty. This Article pushes back and argues the duty to intervene should be cabined.

"Ai" (Artificial Intelligence) Evidence: Rather Than Struggling To Decide Whether To Classify A Methodology As "Ai" And Relying On A Generalization About Ai Evidence, The Court Should Inquire Whether The Expert's Methodology Possesses A Specific Characteristic That Is Problematic In An Evidentiary Sense, Edward J. Imwinkelried

Hofstra Law Review

No abstract provided.

Article Xx And The Competition Problem: How The Justice Department Could Revive The Labor Movement By Suing The Afl-Cio, Alexander Macdonald

Hofstra Law Review

No abstract provided.