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Full-Text Articles in Law

Blurred Lines: How Mandatory Arbitration Clauses In Termsof Service Agreements Undermine Privacy Law Frameworks, Owen Curnin Jul 2026

Blurred Lines: How Mandatory Arbitration Clauses In Termsof Service Agreements Undermine Privacy Law Frameworks, Owen Curnin

Student Journal of Information Privacy Law

Following the birth of the Federal Arbitration Act–which made arbitration agreements valid, enforceable, and irrevocable in courts of law–mandatory arbitration clause use in commercial, consumer, and employment contracts exploded. These types of clauses require parties to submit all disputes arising out of or related to a contract to an impartial third party. This third party, known as the arbitrator, reviews the facts, listens to the parties’ arguments, and makes a final, binding decision resolving the dispute. Corporations have long relied on mandatory arbitration clauses to resolve disputes privately and confidentially, often hoping to avoid the public scrutiny and accountability associated …


A Framework For The Use Of Facial Recognition Technology In Policing: Is Your Face Equivalent To Your Ip Address?, Amirah Farooq Jul 2026

A Framework For The Use Of Facial Recognition Technology In Policing: Is Your Face Equivalent To Your Ip Address?, Amirah Farooq

Student Journal of Information Privacy Law

This paper argues that police use of facial recognition technology constitutes a “search” within the meaning of section 8 of the Canadian Charter of Rights and Freedoms and therefore requires prior judicial authorization. Part A provides the background for this argument and begins with a case study of Clearview AI to establish the regulatory gap in Canadian AI legislation. Part B develops this argument by relying on the rules of evidence, the Charter, and analogies drawn from current case law. Part C addresses counterarguments. Part D concludes with a summary of the proposed framework and emphasizes the importance of a …


Like, Share, & Comply: Recommendation Algorithms & Ftc Enforcement Authority, Alexandra Logan Jul 2026

Like, Share, & Comply: Recommendation Algorithms & Ftc Enforcement Authority, Alexandra Logan

Student Journal of Information Privacy Law

As recommendation algorithms and generative artificial intelligence become central to digital platforms, the Federal Trade Commission has, in the past, increasingly signaled its intent to regulate emerging technologies under Section 5 authority to prevent unfair or deceptive acts or practices. This paper examines how companies may face Federal Trade Commission scrutiny when algorithmic design, personalization systems, or public representations result in consumer harm. Drawing on case studies involving TikTok, Facebook, Snapchat, and others, the paper explores the limitations of plaintiff litigation under Section 230 of the Communications Decency Act and examines this potential avenue of expanding federal administrative enforcement. It …


Foreword, Caroline Aiello Jul 2026

Foreword, Caroline Aiello

Student Journal of Information Privacy Law

Foreword


Resiliency Planning And The Reorganization Of Legal Authority In Rural Maine, Nicholas F. Jacobs, Skylar Thielbar Jul 2026

Resiliency Planning And The Reorganization Of Legal Authority In Rural Maine, Nicholas F. Jacobs, Skylar Thielbar

Maine Law Review

Resiliency has become a dominant and largely unchallenged organizing principle of contemporary state-local governance in Maine, particularly as it affects rural towns and communities dependent on extractive industries. This Article argues that resiliency planning is not merely a policy orientation, but a distinct form of legal authority, which operates through an administrative structure that is closed off to normal channels of political accountability and judicial review. Focusing on Maine, the Article shows how statewide resiliency planning reallocates authority across state and local institutions, shaping fiscal access and territorial development without triggering the doctrinal safeguards of public law. Rural governance, where …


Betschart V. Oregon: A Seven-Day Standard For Maine, Henry Gates Jul 2026

Betschart V. Oregon: A Seven-Day Standard For Maine, Henry Gates

Maine Law Review

Maine lacks a clear standard for ensuring the right to counsel for indigent defendants. The State’s public defense system is struggling to meet Maine’s constitutional mandate: To provide indigent defense services in rural areas and across the state. An aging bar with few new attorneys working in rural areas—where there are often higher relative prosecution rates and a corresponding increased need for legal services—is contributing to the problem. This has resulted in a legal system that negatively impacts rural communities and indigent defendants to the point that one court concluded the state is violating the Sixth Amendment. Following the Ninth …


One Year's Seeding: Looking Back On The Last Seven Years Of Maine's Progress Toward Rural Justice, Christopher Northrop, Seth Main Jul 2026

One Year's Seeding: Looking Back On The Last Seven Years Of Maine's Progress Toward Rural Justice, Christopher Northrop, Seth Main

Maine Law Review

Nationally, the crisis in access to legal services in rural areas continues to grow despite significant attention and efforts to reverse this troubling trend. This Article explores Maine’s efforts to address our legal deserts. The Article’s starting point is a retrospective look at our 2019 national symposium on rural justice and accompanying Maine Law Review issue. We will try to measure successes and failures, while also addressing the significant impact caused by the intervening pandemic. The Article will then shift to an analysis of the current landscape, focusing on the role of the University of Maine School of Law. We …


The Other Right To Counsel: The Civil Guarantee In State Constitutions, Dmitry Bam Jul 2026

The Other Right To Counsel: The Civil Guarantee In State Constitutions, Dmitry Bam

Maine Law Review

When most people speak of the right to counsel, they speak in the singular. After the Supreme Court’s seminal decision in Gideon v. Wainwright, the right to counsel in criminal prosecutions has become one of our most cherished fundamental rights. It is a right ingrained in our culture. Even children can recite the mantra that the accused have the right to a lawyer, and if they can’t afford a lawyer, one will be provided to them free of charge. It is no surprise, then, that our constitutional focus is trained on the criminal defendant’s right to counsel. After all, there …


Legal Deserts Over Time, Cory L. Dodds Jul 2026

Legal Deserts Over Time, Cory L. Dodds

Maine Law Review

Legal deserts—counties with exceptionally low attorney availability—shape housing stability, personal safety, health outcomes, and economic security in rural communities. Yet, national scholarship has not yet determined whether attorney scarcity is transient or durable and relies largely on cross-sectional snapshots and population-based headcounts benchmarked to the American Bar Association’s (ABA) threshold of one attorney per 1,000 residents. These measures can obscure temporal dynamics, overstate functional supply, and embed contested normative assumptions about adequacy. This Article offers a national, longitudinal, and definition-sensitive analysis of legal deserts using county-level data from the forty-eight contiguous states at three observation points. Attorney supply is measured …


Foreword, Adam Fortier-Brown Jul 2026

Foreword, Adam Fortier-Brown

Maine Law Review

Access to legal services in America has emerged as one of the most pressing structural challenges facing the legal community. As attorneys increasingly concentrate in metropolitan areas, large areas are left with few practicing attorneys and challenging prospects of attracting many more. The consequences of this challenge reach across nearly every aspect of life in these communities—from housing and family stability, to starting or winding down businesses, and critically, to the constitutional guarantees that attach when someone is charged with a crime. Yet, these challenges have also generated a period of genuine creativity and collaboration between communities and different institutions. …


Rurality And Redistricting: California's Proposition 50, Rural Identity, And Democratic Legitimacy, Lisa R. Pruitt Jul 2026

Rurality And Redistricting: California's Proposition 50, Rural Identity, And Democratic Legitimacy, Lisa R. Pruitt

Maine Law Review

When California voters embraced mid-decade congressional redistricting in 2025, the greatest media attention landed on the state’s First Congressional District, CA-01. It is residents of that district who are likely to feel the consequences of the new maps most profoundly. In the form established by the California Citizens Redistricting Commission in 2021, CA-01 occupied more than 26,000 square miles in the state’s northeastern corner. The district included a number of inland counties stretching from Modoc, tucked into the corner formed by the Oregon and Nevada state lines, to Colusa, in the Great Central Valley. The cluster of ten counties—hereinafter “old …


United States V. Alfonso: The Eleventh Circuit's Choice To Follow The Tide Of Other Circuits In Deciding What Constitutes The High Seas, Jaidin Winsor Jul 2026

United States V. Alfonso: The Eleventh Circuit's Choice To Follow The Tide Of Other Circuits In Deciding What Constitutes The High Seas, Jaidin Winsor

Ocean and Coastal Law Journal

In United States v. Alfonso, three appellants challenged the constitutionality of the assertion of subject matter jurisdiction by the United States over a vessel involved in illicit drug smuggling activity within the Exclusive Economic Zone (EEZ) of the Dominican Republic. On appeal the United States Court of Appeals for the Eleventh Circuit rejected this challenge. The decision made by the Eleventh Circuit Court of Appeals followed the approach taken explicitly by the Fourth Circuit and indirectly by the First and Second Circuits. This decision affirmed the expansive reach of United States territorial jurisdiction and is likely to encourage other cCircuits …


Should I Stay Or Should I Go? The National Flood Insurance Program And Where We Go When The Next Storm Hits, Kevin Fitzpatrick Jul 2026

Should I Stay Or Should I Go? The National Flood Insurance Program And Where We Go When The Next Storm Hits, Kevin Fitzpatrick

Ocean and Coastal Law Journal

In Spring, Texas, there is a house that has flooded twenty times due to heavy rain and flooding, resulting in National Flood Insurance Program (NFIP) payouts totaling over $912,000 to cover the repairs. This house’s current value is $42,000, so the payouts have dwarfed its value by over nineteen times. The story of this home is indicative of an ongoing crisis regarding the NFIP, but also a larger crisis of how we manage the risks of flooding in the United States. Flooding causes more damage in the United States than any other severe weather-related event, costing an average of $5 …


High Stakes On The High Seas: Sailing Through Mdlea Jursidictional Waters, Sean Kim Jul 2026

High Stakes On The High Seas: Sailing Through Mdlea Jursidictional Waters, Sean Kim

Ocean and Coastal Law Journal

This article argues that what makes the difference in success between these two regimes is how strictly the scientific advice underlying catch limits the advice is adhered to, and the influences allowed unto decisionmakers in the catch limit negotiation process. Whereas the United States uses the scientific advice about the MSY as a strict upper limit in determining annual catch limits, the EU does not. This allows stakeholders in the EU’s CFP governance, in particular fishing industry actors, to influence regulators to raise TACs above adequately precautionary levels in the name of “balancing” sustainable fishing with short-term economic interests. The …


"Tac-Ing" On Coherence: Achieving Sustainable Baltic Sea Fisheries Management By Hooking Precautionary Science And Greater Transparency In Eu Total Catch Negotiations, Patrick Seroogy Jul 2026

"Tac-Ing" On Coherence: Achieving Sustainable Baltic Sea Fisheries Management By Hooking Precautionary Science And Greater Transparency In Eu Total Catch Negotiations, Patrick Seroogy

Ocean and Coastal Law Journal

This article argues that what makes the difference in success between these two regimes is how strictly the scientific advice underlying catch limits the advice is adhered to, and the influences allowed unto decisionmakers in the catch limit negotiation process. Whereas the United States uses the scientific advice about the MSY as a strict upper limit in determining annual catch limits, the EU does not. This allows stakeholders in the EU’s CFP governance, in particular fishing industry actors, to influence regulators to raise TACs above adequately precautionary levels in the name of “balancing” sustainable fishing with short-term economic interests. The …


Alaska's Hidden Gems: Advocating For The Protection Of Deep-Sea Corals, Both In The Courtroom And Beyond, Lauren Beizer Jul 2026

Alaska's Hidden Gems: Advocating For The Protection Of Deep-Sea Corals, Both In The Courtroom And Beyond, Lauren Beizer

Ocean and Coastal Law Journal

Coral reefs are ecologically, financially, and aesthetically one of the world’s greatest resources. Off the coast of Alaska, many unique species of deep-sea cold-water corals exist and provide various public health benefits, contribute vital ecosystem functions to their surrounding environment, and serve as economic tourist attractions. Alaska’s corals reefs are exceedingly valuable to the earth due to their overall ecological value. However, these unique coral species significantly lack state and federal protections–which have recently been under consideration in several lawsuits at the federal level. American Oceans Campaign v. Daley and Oceana, Inc. v. National Marine Fisheries Service et al., are …


A Response To China'a "Legal Assessment Of U.S. Views On "Freedom Of Navigation", Raul Pete Pedrozo Jul 2026

A Response To China'a "Legal Assessment Of U.S. Views On "Freedom Of Navigation", Raul Pete Pedrozo

Ocean and Coastal Law Journal

In August 2025, the China Institute for Marine Affairs (CIMA) conducted a legal assessment of U.S. views on freedom of navigation. CIMA concluded that U.S. views on freedom of navigation lack “a basis in international law,” “seriously distort[] the interpretation and development of international law,” and embody “distinct illegality, unreasonableness, and double standards.” Part 1 of the assessment provides an overview of U.S. views on freedom of navigation. Part 2 “analyzes the gaps between U.S. perceptions of navigational rights and related practices and the rules of international law.” Part 3 “analyzes the legality of U.S. restrictions on the rights of …


Rape And Sexual Assault On The High Seas: A Case Of Murky Jurisdiction, Linny Kit Tong Ng Jul 2026

Rape And Sexual Assault On The High Seas: A Case Of Murky Jurisdiction, Linny Kit Tong Ng

Ocean and Coastal Law Journal

Rape and sexual assault on the high seas present a complex, dual-faceted challenge encompassing both legal and socio-cultural dimensions. The high seas are marked by jurisdictional ambiguity. International law assigns jurisdiction to the flag State of the vessel. However, many vessels are registered to States lacking adequate legal frameworks or the capacity to address such crimes effectively. While international law does allow for intervention by other States under certain principles of jurisdiction, the lack of legal clarity and political will often results in hesitation from non-flag States, except for the United States. This hesitance leaves victims without recourse. This Article …


Alternative Marine Fuels And Mrv Liability Under Unclos Part Xii, Andrey Chernov Jul 2026

Alternative Marine Fuels And Mrv Liability Under Unclos Part Xii, Andrey Chernov

Ocean and Coastal Law Journal

Shipping’s decarbonization depends not only on adopting alternative fuels but also on the reliability of the monitoring, reporting, and verification (MRV) systems that underpin compliance. Ammonia, hydrogen, methanol, and liquefied natural gas (LNG) each introduce distinctive risks of error at the stages of certification, custody transfer, onboard measurement, and verification. At the same time, maritime law is increasingly data-driven. The International Maritime Organization’s (IMO) Energy Efficiency Existing Ship Index (EEXI) and Carbon Intensity Indicator (CII) depend on reported fuel-use data, while the European Union’s Emissions Trading System (ETS) and FuelEU Maritime Regulation impose direct financial penalties for inaccurate reporting. This …


قراءة قانونية لعمليات التجميل في لبنان, عبده جميل غصوب Jul 2026

قراءة قانونية لعمليات التجميل في لبنان, عبده جميل غصوب

Proche-Orient, Études juridiques

No abstract provided.


الإجتهاد اللبناني, Poej Jul 2026

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.


المسؤولية المدنية للطبيب: دراسة مقارنة في القانون السوري والفرنسي, فواز صالح Jul 2026

المسؤولية المدنية للطبيب: دراسة مقارنة في القانون السوري والفرنسي, فواز صالح

Proche-Orient, Études juridiques

No abstract provided.


مسك الحساب المصرفي: دراسة قانونية مقارنة, فائق محمود الشماع Jul 2026

مسك الحساب المصرفي: دراسة قانونية مقارنة, فائق محمود الشماع

Proche-Orient, Études juridiques

No abstract provided.


L'Influence Des Idées De Josserand Sur Le Code Des Obligations Et Des Contrats, Fayez Hage Chahine Jul 2026

L'Influence Des Idées De Josserand Sur Le Code Des Obligations Et Des Contrats, Fayez Hage Chahine

Proche-Orient, Études juridiques

No abstract provided.


La Spéculation Boursière Dans Le Droit Et La Littérature Française Du 19Ème Siècle, Hubert De Vauplane Jul 2026

La Spéculation Boursière Dans Le Droit Et La Littérature Française Du 19Ème Siècle, Hubert De Vauplane

Proche-Orient, Études juridiques

No abstract provided.


Le Champ De Compétence De La Cour Pénale Internationale, Doreid Becheraoui Jul 2026

Le Champ De Compétence De La Cour Pénale Internationale, Doreid Becheraoui

Proche-Orient, Études juridiques

No abstract provided.


الإجتهاد اللبناني, Poej Jul 2026

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.


المادة ٤٩ من الدستور، وانتخاب حاكم مصرف لبنان لرئاسة الجمهورية, حسان تابت رفعت Jul 2026

المادة ٤٩ من الدستور، وانتخاب حاكم مصرف لبنان لرئاسة الجمهورية, حسان تابت رفعت

Proche-Orient, Études juridiques

No abstract provided.


L'Accord De Taêf Et La Coexistence Au Liban: Contribution À L'Étude De La Notion De Souveraineté, Hoda Hage Jul 2026

L'Accord De Taêf Et La Coexistence Au Liban: Contribution À L'Étude De La Notion De Souveraineté, Hoda Hage

Proche-Orient, Études juridiques

No abstract provided.


Le Pacte Relatif Aux Droits De L'Enfant En Islam Et Son Éventuelle Ratification Par Le Liban, Nabil Maamari Jul 2026

Le Pacte Relatif Aux Droits De L'Enfant En Islam Et Son Éventuelle Ratification Par Le Liban, Nabil Maamari

Proche-Orient, Études juridiques

No abstract provided.