Law Commons^™

Eviscerating The State: An Update, Jean L. Cohen

Emancipations: A Journal of Critical Social Analysis

A year after the publication of her article “Eviscerating the State: The New Oligarchic and Authoritarian Project to Undermine American Constitutional Democracy (Emancipations, Vol.4: Iss.2, July 2025) Jean Cohen looks again at the threats to American constitutional democracy posed by new oligarchic and authoritarian actors in the economy, the state, and society.

How International Copyright Approaches To Generative Ai May Influence The Development Of U.S. Copyright Laws For Ai, Tessa Chew

San Diego International Law Journal

Since late 2022, Generative Artificial Intelligence (GenAI) has emerged as a vital technological tool in many industries by producing human-like content based on its trained datasets. This advancement has sparked an international debate over the ethical and legal implications of using copyrighted works for Artificial Intelligence (AI) training. Countries have taken differing legislative approaches to this issue. Japan aims to promote innovation with minimal restrictions; the United Kingdom aims to protect copyright holders by implementing strict AI copyright protections; and the European Union focuses on the transparency of the AI’s copyright use. The United States is currently at a regulatory …

Science-Related Rhetoric And Action By United States Presidents From 1977-2017, Amanda E. Shea

Interdisciplinary Studies

Presidential rhetoric and executive action have played an important role in shaping how scientific issues are presented to the American public. This project examined how United States presidents from Jimmy Carter through Barack Obama (1977–2017) employed science-related rhetoric and policy regarding climate science and reproductive health. Findings suggest that reproductive health remained a partisan issue throughout the study period, while climate science shifted from a largely bipartisan concern to a more partisan one over time. The results also indicate that presidential rhetoric and executive action were not always aligned, with several administrations using science-related rhetoric more extensively than corresponding policy.

Extra Omnes: Analyzing The United States’ And Ireland’S Methods Of Quelling The Criminal Clergy Sexual Abuse Scourge, Dana Aprigliano

Journal of Catholic Legal Studies

(Excerpt)

In late 2008, an Irish businessman was successful in legally preventing sexual assault claims from being brought against him. In explaining why one “victim” should be discredited, the court cited a threat she made against the businessman to make allegations of a sexual nature against him if he did not pay her a sum of money. In particular, she told him that if he did not pay her, she would “have him . . . ’plastered all over the front of the Evening Herald like those p[e]dophile priests.’ ” Although the businessman was not a priest or, as it …

Geopolitical Chessboard: How Vietnam Shapes American-Chinese Competition, Kiet H. Lê, Hiep X. Trần

The US Army War College Quarterly: Parameters

Vietnam’s geostrategic position—bordering China and commanding key South China Sea maritime routes—makes it a pivotal actor in shaping great-power competition in Southeast Asia. This article argues that the United States should support Vietnam’s neutrality and strategic autonomy as a means of countering Chinese influence. Unlike prior studies that portray regional states as passive players, this analysis highlights Vietnam’s active role in influencing regional dynamics. Through comparative analysis with the Philippines, using historical case studies, geographic assessments, and policy reviews, the article offers practical insights for military and policy practitioners on how geography shapes alliance formation and strategic competition.

From The Editor In Chief, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

Welcome to the Summer 2026 issue of Parameters, which consists of two In Focus special commentaries, three forums (Indo-Pacific, Strategy, and Historical Studies) and the Strategic Competition Corner.

Parameters, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Analyzing Social Implications Of The Gender Wage Gap, Jessie A. Clarke

Electronic Theses, Projects, and Dissertations

The researcher seeks to understand the gender wage gap in the United States. The research question studied is “Why do women in the United States on average earn less income than men?” Women gain less power and resources as they earn less income than men. The researcher explores the phenomenon in this paper. This research proposal utilizes qualitative methods via interviews, and analysis through coding. In previous research, there is a lack of inclusion on the gender wage gap regarding various identities such as sexual orientation, other gender identities, and race/ethnicity. The researcher hopes to fill in these gaps in …

The Living Architecture Of Law, Joseph R. Goodwin

West Virginia Law Review

No abstract provided.

Why Democratic Backsliding Is Legal: Judicial Legitimacy And Institutional Decay In The United States, Sherlyn Ochoa

Posters - 2026

“In the United States, democratic backsliding is not a violation of the law—it is increasingly a product of it.” Democratic change often occurs through judicial interpretation Courts shape rights, participation, and equality Focus: how judicial legitimacy allows major democratic shifts—both expansion and restriction of rights

Only Americans Left Behind: Iran’S Illegal Use Of Hostages As Political Pawns To Advance Their Foreign Policy, Ava Namazi

San Diego International Law Journal

The Islamic Republic of Iran has emerged as one of the most prominent contemporary practitioners of hostage diplomacy—a strategy rooted in the 1979 Hostage Crisis and sustained through recurring detentions of foreign nationals on fabricated security charges. The government uses innocent foreign nationals as political pawns to coerce Western states, including the United States, to release frozen Iranian assets held abroad. This Comment situates Iran’s use of hostage diplomacy within its post-revolutionary foreign policy, examining how the collapse of the Pahlavi dynasty contributed to this tactic. Additionally, this Comment will analyze the current international legal frameworks governing hostage diplomacy and …

Seamless Security: Reforming Export Controls For A Stronger Allied Defense Industrial Base, Justin Belcher

San Diego International Law Journal

Russia’s invasion of Ukraine and China’s accelerating military modernization underscore the need for the United States and its allies to reinforce their defense industrial bases to deter and prevail in future conflicts. This paper examines the historical and strategic foundations driving the need for export control reform, identifies key U.S. export control laws governing defense coproduction and co-development, and analyzes how current regulations constrain allied industrial integration. It concludes by proposing solutions to streamline export control regulations to improve the strength and resilience of the modern defense industrial base.

Confinement And Consent: A Comparative Analysis Of Sexual Abuse In Finnish And U.S. Prisons, Madison A. Greico

Binghamton University Undergraduate Journal

The Bangkok Rules and The Basic Principles for The Treatment of Prisoners are a specific outline of protections and rights for individuals( Bangkok specifically about women) within prisons adopted by the United Nations compromising states. While The United States is a leader in the United Nations and adopted this set of rules, their failures of commitment are extremely apparent. Every year, thousands of prison rapes occur behind bars in New York alone by the very guards meant to protect them. In Finland, another United Nations member, however, has virtually no record of sexual abuse within their prisons. In investigation of …

The Extradition Treaty Between The United States Of America And The Republic Of Colombia: Public International Law And The Judicial Substitution Paradox, Andrés Téllez-Núñez

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Question Of “Territory” In The Wto Jurisprudence: A Critique Of Panel's Decision On Us-Origin Marking Requirement Dispute, Yuanyuan Ren

Notre Dame Journal of International & Comparative Law

This article draws on the US—Origin Marking Requirement case study to critically examine the concept of “territory” under the World Trade Organization (WTO) law, particularly in relation to trade with contested territories among WTO members. It argues that while trade with contentious territories is not explicitly covered in current WTO rules, WTO law does provide a regulatory framework for tackling such issues. Nevertheless, resolving trade disputes involving contested territories at the WTO remains challenging, particularly due to the limited discussion on the notion of “territory” and the national security exceptions in WTO jurisprudence. The US—Origin Marking Requirement case marks the …

Federalism, Treaty Norms, And The U.N. Report On American Education, Jorge Barrera-Rojas

Notre Dame Journal of International & Comparative Law

United Nations Special Rapporteurs assess national compliance with international human rights obligations, including educational rights articulated in treaties such as the International Covenant on Economic, Social, and Cultural Rights ("ICESCR"). These evaluations typically involve treaty-bound states with explicit international commitments. However, the applicability of such assessments is less straightforward in non-ratifying federal states, such as the US, which rely on diverse state-level constitutional provisions rather than federal treaty obligations.

This Article critically examines the 2025 Report of the Special Rapporteur on the Right to Education, following the Rapporteur's first official visit specifically addressing U.S. K-12 education policy. The analysis identifies …

How The Sui Generis Principle Has Been Historically Abused In International Law: From The British To The Israelis, Ahmad Hamdan

Human Rights Brief

I. Introduction

For over a century, powerful actors have used a single Latin phrase, sui generis, as a shield to evade accountability under international law. Meaning “of its own kind,” this theory dictates that a situation is so unique that ordinary rules should not apply. In international law, sui generis typically refers to situations or entities that cannot easily be categorized under existing legal frameworks or conventions. Its use indicates that there is no directly applicable precedent and that, as a result, no legal principles apply; instead, the situation itself will set the precedent. While some researchers argue that …

The United States' Nuclear Deterrent Outlook: Strategies, Challenges, And Future Prospects, Jonathon L. Beening

Graduate Theses/Dissertations

This study contends that the United States cannot sustain a credible nuclear deterrent through the mid-21st century without modernizing its aging nuclear arsenal and revising its nuclear doctrine to address emerging technological, geopolitical, and strategic threats posed by both near-peer adversaries and non-state actors. Through an examination of deterrence theory, historical developments, current force posture, modernization initiatives, doctrinal debates, counterarguments, and prospective geopolitical scenarios, this research assesses the adequacy of existing policies in maintaining strategic stability. The analysis concludes that credible deterrence in the coming decades will require integrated modernization, doctrinal clarity, and strategic adaptability to face any future threat …

United States Internal Displacement Policy In The Era Of Climate Change, Bashar Zaheer

Saint Louis University Law Journal

At the outset of 2025, the United States was greeted with a series of unprecedented wildfires sweeping through Los Angeles, causing immense damage to property and loss of lives, while thousands were forced to evacuate their homes. This came just months after flooding from Hurricane Helene hit North Carolina and surrounding States, causing at least 130 deaths and rendering many residences uninhabitable. Despite this deepening crisis, the identification and protection of the rights of climate refugees and Internally Displaced Persons (“IDPs”) remains a burgeoning topic internationally, and even more so in the domestic context of the United States. As described …

Fading Prestige: A Comparative Analysis Of Trademark Dilution's Impact On Luxury Fashion Brands In The United States And European Union, Pravalika Surakanti

IP Theory

The paper focuses on the concept of trademark dilution in relation to luxury fashion brands in international markets. Focusing on the United States and the European Union, it will look at the different approaches these regions take and how certain holdups in dilution law affect fashion companies’ global brand protection strategies. The paper looks at the application of the Federal Trademark Dilution Act, the EU Trademark Directive, and other essential laws to their respective jurisdictions’ cases to determine the trends of trademark dilution claims. It is found that both regions provide luxury fashion houses with substantial protection; however, the European …

The Future Of U.S. Higher Education: Equity Implications Of Shifting Immigration Policies, Research Institute For Social Equity Rise

Research Institute for Social Equity

This report examines the impact of U.S. immigration policies on higher education and international students from 2000 to 2025. It traces five major policy eras, from the post- 9/11 security overhaul and Obama-era expansion to the restrictive turns of 2017–2020 and 2025, and analyzes how shifting regulations have influenced enrollment patterns, economic contributions, and student well-being. Despite hosting more than 1.1 million international students in 2023–2024, the U.S. share of the global student market has fallen from 20% to 16%, underscoring how policy volatility and restrictive measures weaken national competitiveness. Drawing on federal data, scholarly research, and institutional reports, this …

1981, Carliss N. Chatman

Faculty Journal Articles and Book Chapters

42 U.S.C. § 1981 should have solved a pervasive problem in American capitalism—when white economic interests do not converge with the contract rights of Black people, they are excluded from the market in a way that causes systemic harm. This Article proposes that the failure to enforce 1981 in the past may render it more harmful than beneficial in the present climate of retrenchment. The realities of racism combine with the lack of economic interest convergence to make combatting contract inequality on a contract-by-contract basis legally precarious, nearly impossible to properly evaluate, and difficult to economically incentivize. This is in …

Can – And Should – The Un Charter Be Saved?, Steven Ratner

Articles

World leaders from Canada’s Mark Carney to Germany’s Friedrich Merz have announced the demise of the international rules that provided some degree of order to international relations since the Second World War.2 The immediate cause is clear to them and others – a seeming abandonment of international law, and the UN Charter in particular, by the United States government, its chief architect and advocate. The U.S. actions and rhetoric over Venezuela and Iran – wars the United States has started – as well as Greenland and Ukraine seem to have confirmed the worst about the future of international law.

An Insidious Interstice: Understanding Cognition And Language Behaviour Through The Eyes Of Juvenile Justice Professionals, Anne M. Perrotti, Allison T. Chappell, Tancy Vandecar-Burdin

Human Movement Studies & Special Education Faculty Publications

Introduction

Despite evidence suggesting language and cognition deficits are prevalent for justice involved youth, little research explores how juvenile justice personnel experience language and cognition behaviours in the youth they serve.

Aims

This qualitative study explored how juvenile justice personnel understand language and cognition skills and deficits in justice involved youth.

Methods

Twenty-two U.S. juvenile justice professionals participated in individual, semi-structured interviews. Questions focused on individual understanding of receptive language, expressive language, social communication, and cognition (i.e., problem-solving, predicting consequences and impulsiveness) in juveniles served. Using a phenomenological lens, transcripts were coded identifying themes and sub-themes of participant responses.

Results …

Nuclear Deterrence In The Age Of Hybrid Warfare, Chick Edmond

Political Science & Geography Faculty Publications

The main mechanism through which strategic stability can be preserved amongst nuclear armed states has traditionally been viewed as nuclear deterrence. Deterrence works on the premise that catastrophic consequences will cause rational restraint due to the fear of nuclear conflict. The proliferation of hybrid warfare (the coordinated use of conventional, cyber, informational, economic, and proxy instruments below the threshold of open war) has changed the strategic environment within which deterrence now operates. This research paper assesses whether nuclear deterrence is still effective in preventing escalation in an era marked by continuous grey zone competition amongst major powers. The paper also …

From Aid To Looting: Justice And Sovereignty Issues In The Ukraine–U.S. Mineral Deal, Petra Gümplova

Emancipations: A Journal of Critical Social Analysis

This essay identifies three central moral and political issues with the the Ukraine–U.S. Mineral Deal. First, by linking financial and military assistance to access to Ukraine’s natural resources, the deal entrenches a form of resource conditionality that is highly problematic from the moral standpoint of international justice and other ethical principles. Second, the absence of a commitment to a just peace—including the restoration of territorial integrity, reparations, and security guarantees—renders the conditions for secure, long-term investment in Ukraine’s extractive economy a distant prospect, while raising the risk that a substantial portion of Ukraine’s resource wealth unlawfully seized by Russia will …

A Comparative Analysis Of Domestic Violence Legislation In India And The United States: Understanding Protection Of Women Against Violence Act 2005 And Violence Against Women Act 1994, Deon Rodrigues

2025 Fall Honors Capstones Projects - Archive

Domestic violence continues to affect millions of individuals worldwide, yet legal systems respond to it in very different ways. This research compares how India’s Protection of Women from Domestic Violence Act (2005) and the United States’ Violence Against Women Act (1994; 2021) protect victims and hold offenders accountable. Using a comparative legal analysis, the study examines both laws’ language, enforcement mechanisms, and effectiveness through court cases, government reports, and statistical data. By identifying the strengths of the United States model such as mandatory arrest provisions and victim support systems, the study aims to propose practical reforms for India’s legal framework. …

An Analysis Of Policies Impacting Ex-Offenders And The Barriers Created In Their Transition Into Society: A Qualitative Metasynthesis, Thomas A. Ayala

Theses & Dissertations

In 2018, more than six million people in the United States were under correctional supervision, including incarceration, probation, or parole, equivalent to 1 in 40 adults (Maruschak & Minton, 2020). While this reflects a decline from previous years, prison populations reversed course in 2022, increasing by 2% nationwide, with 36 states and federal facilities reporting higher inmate counts (Nellis, 2024). Since 1973, policy shifts have fueled the rise of mass incarceration (Nellis, 2021; O’Brien, 2020). According to the Pew Center, the United States remains a global outlier, holding 5% of the world’s population, but incarcerates 25% of the 9 million …

The Implications Of Pulsifer V. United States For The Interpretation Of Criminal Statutes, Aparajita (Pj) Das

San Diego Law Review

All signs in Pulsifer point to considerable discretion for courts, all while operating within the confines of statutory text. For one, the opinion indicates that courts can override the text of a statute if the context so demands. The Court’s rejection of lenity also confirms this trend in two ways. It highlights the Court’s inconsistent approach when it comes to requiring the legislature to speak clearly. It also confirms that the threshold of ambiguity required to trigger lenity continues to be a high one, thus allowing judges to selectively apply the canon, even when a split in the Court demonstrates …

Bowers, Lawrence And Obergefell: A Case-By-Case Analysis, Hailey Moran

The Downtown Review: An Interdisciplinary Journal Written and Peer-Reviewed by Mandel Honors College Students at Cleveland State University

What does Bowers v. Hardwick, Lawrence v. Texas, and Obergefell v. Hodges all have in common? Each of these Supreme Court cases chronicles the passage of time and advancement in LGBTQ+ rights in America. Not only, however, do they chronicle the rights that have been achieved for LGBTQ+ individuals, but they also chronicle the evolution of the Justices on the bench. These cases here help us understand the influences that encourage the Justice’s decision-making, whether it be the state of the law or the Court’s environment. By analyzing each case, we can understand not only how these cases were decided, …