Law Commons^™

Climatologist Mann's Defamation Suit Victory: Can It Resolve The Crisis Of Expertise, David S. Caudill

Faculty Publications

When a jury awarded one million dollars in punitive damages to climatologist Michael Mann, in his defamation suit against writer Mark Steyn (who accused Mann of scientific fraud), it was newsworthy, even surprising, because opinions regarding scientific matters are rarely actionable. And yet it was not seen as a groundbreaking event in terms of legal doctrine, since the outcome was easily justifiable— Steyn’s accusation was provably false. However, even if the Constitutional contours of defamation law did not change, the Mann verdict has far-reaching implications for a major contemporary social phenomenon, namely the so-called crisis of expertise, a term identifying …

Latino Threat Perceptions And Immigration Attitudes: An Examination Across Generations Of Latinos, Michelle Angel

Dissertations and Theses

Recently, immigration has been a major focus in U.S. politics, more importantly with the current administration pushing for the implementation of punitive immigration policies. Research shows that perceived Latino threat is associated with support of Trump and harsh border controls. While existing research has expanded the perceived Latino threat and punitive border control attitudes among non-Latinos, less is known about how perceived Latino threat and punitive border control attitudes function within their own group and how they might vary across different generations of Latinos. Accordingly, there has been a shift in Latino voting preferences, specifically across different generations of Latinos. …

Han-Wei Liu & Weiping He Australian Banking And Finance Law And Regulation, Chin Seng Bryan Leow, Kwan Ho Lau

Research Collection Library

It is a near-Sisyphean feat to properly set out the myriad interlinking issues in banking and finance law within a jurisdiction, and this is before tackling the accompanying regulatory issues. Pushing that proverbial boulder up the hill requires a firm grounding in the applicable black-letter rules; a good sense of the regulatory theories adopted by the supervisory authorities; and, finally, a keen appreciation of potential problems presented by the constant stream of novel financial products (and technology). In their book Australian Banking and Finance Law and Regulation, Han-Wei Liu and Weiping He have examined the Australian position relating to the …

2024-2025 Annual Report, Heyman Center On Corporate Governance

Heyman Center Reports

The Heyman Center FY25 Report highlights the Samuel & Ronnie Heyman Center on Corporate Governance at Cardozo School of Law, detailing its 2024–2025 programs in business and corporate law. It showcases events with leading scholars and practitioners, a wide curriculum with clinics and specialized programs, the selective Heyman Scholars Program, and the leadership of Executive Director Fabian Eichentopf alongside faculty directors and affiliated professors, emphasizing the Center’s role in shaping ethical business attorneys and future leaders.

The Objective Observer: The Washington State Supreme Court's Remedial Aspirations And Experience On The Ground, David B. Owens

Washington Law Review

The Washington State Supreme Court has adopted an “objective observer rule” for addressing whether race impacted jury selection and extended this rule to evaluating all aspects of Washington courts, including jury trials. The objective observer rule allows courts to evaluate whether decisions in those courtrooms could be viewed as the result of racial bias, even where there is no evidence of specific racial animus and in the absence of racial slurs. The rule, which covers a form of disparate impact, has now existed for over half a decade. This Article outlines the Washington State Supreme Court’s development of the objective …

The Gift Of Public Funds Bogeyman, Noah Purcell, Michelle Saperstein

Washington Law Review

Washington’s “gift of public funds” doctrine is frequently misunderstood in ways that impede innovative ideas aimed at remedying some of our state’s most intractable problems. This doctrine arises from article VIII, sections 5 and 7 of the Washington Constitution, which prohibit state and local governments from gifting assets or loaning credit. While the Washington State Supreme Court historically applied these provisions in restrictive and confusing ways, the Court’s modern jurisprudence recognizes that the doctrine is inapplicable to funding expended for any of the many “fundamental purposes” of government. Even where a government program does not fall under this broad category, …

Attempting To Resolve The Felon-In-Possession Prohibition Circuit Split: The Second Amendment Historical Analogue Test After United States V. Rahimi, Chloe E. Bonds

Mercer Law Review

The Second Amendment provides, “[a] well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The inception of this amendment was rooted in the Founding Fathers’ Enlightenment ideals and disapproval of the English Crown’s “standing armies.” In founding-era America, the militias were not composed of professional soldiers but instead of local citizens with the aim of providing common defense. The main concern surrounding the ratification was that the Second Amendment would give too much power to the federal government and result in the same …

Sustainability And Human Dignity Rights, James R. May

UMKC Law Review

No abstract provided.

Humans In Nature: Creating Our New Reality Through Ecological, Cultural, Global, Ethical, And Legal Reform, John Head

UMKC Law Review

No abstract provided.

The Hidden Secret Of Religion: Perpetrators Of Adult Abuse Escape Justice, Emma King-Murphy

UMKC Law Review

No abstract provided.

The Fair Labor Standards Act's Fading Promise To Workers With Disabilities, Jessica Rigby

UMKC Law Review

No abstract provided.

Looking For The Public In Public Law, Nikhil Menezes, David E. Pozen

University of Chicago Law Review

The “public” is everywhere and nowhere in contemporary public law. Everywhere, in that the term is constantly invoked to justify and explain existing arrangements. Nowhere, in that serious attempts to identify a relevant public and elicit its input are few and far between. Scholars and officials depict the U.S. public as playing myriad roles in governance—checking, guiding, approving, repudiating—without offering an account of how public preferences are formed or how they exercise influence on questions of interest.

This Article seeks to identify and call attention to the foundational dilemmas underlying this disconnect, to clarify their normative contours and intellectual history, …

Letter From The Editor, Davis Hayman

Criminal Law Practitioner

Dear Readers,

Thank you for your interest in The Criminal Law Practitioner. This marks my first publication as the Editor-in-Chief for the 2025-2026 academic year. I am thrilled to leave this remarkable team as we continue to solicit, write, and publish issues in criminal law.

 This issue continues this trend by highlighting topics including evolving interpretation of the 8th Amendment and a discussion on Constitutional venue issues related to internet crimes. Our authors provide some intriguing, unique insights that I invite you to dig into. In “The Continuing Unevolving Model of Decency, Kennedy v. Louisiana in Peril”, Professor Patrick S. …

Where Does A Hack Happen? Computer Intrusion Crimes And Constitutional Venue, Harrison Parker Blanchard Grant

Criminal Law Practitioner

The United States Constitution guarantees the right to a criminal trial where the criminal offense was committed. This guarantee—the venue requirement—forces courts to analyze where criminal conduct occurred. Technology makes that locational analysis more complicated. For one computer hacker, that same analysis led to his trial and conviction in Massachusetts, despite the fact that he did not hack into anything in Massachusetts. This Article examines the hacker’s case, exploring the technologies used to execute the hack and linking those technologies to the hacker’s trial in Massachusetts.

Enhancing The Sport Spectatorship Market For Hearing-Impaired Audiences: Accessibility And Engagement Strategies, Niveditha Karthikeyan

Journal of Applied Sport Management

This paper examines the application of the Americans with Disabilities Act (ADA) to the in-person sport spectatorship experience of hearing-impaired individuals. The delivery of the core sport product, especially at the stadium, is not equally accessible to individuals with disabilities, particularly for audience with hearing impairments. While the ADA mandates accessibility in public accommodations, its implementation for communication access within sport venues remains inconsistent. Through a focused review of legal frameworks, venue practices, and emerging technologies, the paper identifies gaps in current accessibility efforts and outlines practical recommendations to enhance inclusivity. Key strategies include the use of AI-powered real-time captioning, …

Large Language Models And International Law, Ashley Deeks, Duncan Hollis

Chicago Journal of International Law

Large Language Models (LLMs) have the potential to transform public international lawyering in at least five ways: (i) helping to identify the contents of international law; (ii) interpreting existing international law; (iii) formulating and drafting proposals for new legal instruments or negotiating positions; (iv) assessing the international legality of specific acts; and (v) collating and distilling large datasets for international courts, tribunals, and treaty bodies.

This Article uses two case studies to show how LLMs may work in international legal practice. First, it uses LLMs to identify whether particular behavioral expectations rise to the level of customary international law. In …

The Rise Of Big Data And The Law Of Armed Conflict, Laura A. Dickinson

Chicago Journal of International Law

Big data—extremely large quantities of information and the analytics used to process it—is now crucial to the way militaries operate on the battlefield. Data is used to run weapons systems, analyze intelligence, procure and deploy personnel, evaluate battlefield conditions, detain prisoners, and more. And not only is data increasingly being used on the battlefield, but operations targeting adversaries’ data—to acquire it, delete and destroy it, or distort or poison it—are becoming increasingly important as well. Beyond the battlefield, big data lies at the epicenter of adversarial activities below the armed conflict threshold. Because data is the fuel of artificial intelligence …

Interpretation As Creation: Article Vi Of The Outer Space Treaty, Charles Stotler

Chicago Journal of International Law

From the launch of Sputnik I in 1957 to proposals for In-Space Servicing, Assembly and Manufacturing (ISAM) and new lunar activities such as resource utilization, advancing technology has always been a driving factor in the creation of space law. From a legal-historical perspective, the notion of law as creation should be contextualized in a broader legal-philosophical transition that began with the rise of positivism. Article VI of the Outer Space Treaty orbits unsteadily between international obligations and national implementation measures, rendering significant States’ understandings of those provisions. Our understanding of Article VI turns on perhaps the most creative legal endeavor: …

Digital Evidence: Facilitating What And For Whom?, Rebecca Hamilton, Adebayo Okeowo

Chicago Journal of International Law

The emergence of user-generated evidence has revolutionized how atrocities and human rights violations are documented globally. Since 2011, when Syrian human rights defenders began documenting atrocities on their smartphones, a professional field has emerged around the collection, authentication, and preservation of digital evidence. However, this professionalization has created unintended consequences, as expertise and verification power shifted away from frontline communities to Global North institutions. This Article examines this tension through two case studies: the Rohingya Genocide Archive, and Nigeria's #EndSARS movement. These examples demonstrate both the power of locally-informed evidence collection and the challenges when verification skills remain concentrated among …

Battlefield Evidence In The Age Of Artificial Intelligence-Enabled Warfare, Winthrop Wells

Chicago Journal of International Law

A number of emerging technologies increasingly prevalent on contemporary battlefields—notably unmanned autonomous systems (UAS) and various military applications of artificial intelligence (AI)—are working a sea change in the way that wars are fought. These technological developments also carry major implications for the investigation and prosecution of serious crimes committed in armed conflict, including for an under-examined yet potentially valuable form of evidence: information and material collected or obtained by military forces themselves.

Such “battlefield evidence” poses various legal and practical challenges. Yet it can play an important role in justice and accountability processes, in which it addresses the longstanding obstacle …

Satellite Infrastructures And Law In The Making Of Planetary Knowledge, Benedict Kingsbury, Yirong Sun

Chicago Journal of International Law

Imaginations of Planet Earth as-a-whole—that is, Earth conceived in planetary terms by wide publics—have been shaped over several decades by the growing capabilities of artificial Earth satellites to image the whole Earth, to specify all locations, and to integrate the Earth’s diverse orbital space with everyday human activities. Different Earth orbits are becoming more densely used, more securitized, more intensely managed from Earth, and more integral to activities on Earth.

This Article focuses on two categories of satellite systems that contribute directly to planetary knowledge, Global Navigation Satellite Systems (GNSS) and Earth Observation Satellite Systems (EOSS). GNSS and EOSS have …

The Law Of Armed Conflict – In The Dark, Laurie R. Blank

Chicago Journal of International Law

In a potential future peer-on-peer or near peer conflict, the technological capabilities that are both taken for granted and a source of military superiority will be an immediate and high- value target. Global navigation and positioning systems, satellite imaging, precision guidance, instantaneous communication, and much more— the adversary will seek to shut down these capabilities. Turning off the technology, or fighting “in the dark,” presents complex operational and tactical challenges of navigation, logistics, communication, command and control, coordination, and targeting, to name just a few. However, executing military operations in such a technology-deprived environment also requires the application and implementation …

Two Terribles: A Day Without Space And Ai Enabled Synthetic Biological Weapons A Warning Order, James E. Baker

Chicago Journal of International Law

A day without space, a term used to describe the loss or destruction of America’s space assets, and the potential generation of novel biological threats using AI and synthetic biology present catastrophic and potentially existential threats to U.S. security in a way that nuclear weapons did before and continue to do so today. Yet they have not received the level of attention from national security lawyers or commentators they warrant. This article describes the threats. It describes the current and inchoate nature of the law to address these threats. And it makes initial recommendations to policymakers and lawyers about how …

The Special International Peace Zone: From History, Through Practice, Toward An End To Armed Conflict In Ukraine, Tom W. Bell

Notre Dame Journal of International & Comparative Law

This paper presents the special international peace zone as both an observed and ideal institution. Such a zone quells military conflict in an area over which sovereigns make conflicting territorial claims. It operates through an interim administration, governed by its own rules, independent of any single sovereign. Past examples include the Free City of Danzig (1920-39), the Free Territory of Trieste (1947-54), and United Nations Interim Administration Mission in Kosovo (1999-2008). Despite proven successes, these zones have suffered from an undue reliance on multi-national organizations—first the League of Nations and now the United Nations. Warring sovereigns seldom agree about the …

Whose Truth Commission, Lehlohonolo January

Notre Dame Journal of International & Comparative Law

It is often said that the victor always dictates the narrative and thus dictates how history is represented. The end of Apartheid in South Africa wasn’t a result of an outright victorious defeat of the Apartheid State together with its institutions of coercion but rather came about as a result of a culmination of a series of events. If this adage holds true, then why is it that the narrative seems to paint a picture of a victor’s perspective? This assertion is not made lightly but is no less reflective of how the facts seem to portray themselves in that …

How Ai Can Help Mediators Say What They Really Mean, John Lande

Faculty Publications

This article critiques the widespread use of the terms “facilitative” and “evaluative” to describe mediation techniques. Despite their popularity in scholarship and practice, these labels are inconsistently defined, frequently misunderstood, and fundamentally flawed. Drawing on a survey of mediation experts, the article documents significant confusion about how professionals interpret these terms – and how they think that others interpret them. It builds on Leonard Riskin’s critique of the facilitative-evaluative framework, which shows that the language not only oversimplifies complex processes but also risks confusing parties and undermining informed decision-making.

As an alternative, the article proposes a behavioral vocabulary that reflects …

Distinction, Proportionality, And Precautions In Attacks At Sea In The New Era Of The Law Of Naval Warfare, James Kraska

Chicago Journal of International Law

China has upset the security balance in East Asia through the development of a long- range strike complex composed of anti-ship ballistic missiles, drones and cruise missiles, and hypersonic missiles that put U.S. naval fleets at risk. Beijing’s innovative approach to sea control through the projection of power from land-based fires highlights three important differences between the law applicable to naval warfare and the law of armed conflict (LOAC) as it is implemented on land.1 These legal distinctions are subtle in law, but they shape concrete choices available to naval commanders and could determine the outcome of war at sea. …

Trademarking Terroir: Geographical Indications As A Form Of Cultural Property In The U.S.-Eu Trade War, Sara Evans

Chicago Journal of International Law

Geographical indications (GIs) designating wines, spirits, and agricultural products have been the subject of a trade war between the U.S. and EU for several decades. The American legal regime often denies European producers exclusive rights to use GIs in the American market because U.S. authorities consider many European terms generic. As a result, EU regulators are reluctant to protect American designations of origin in the European market. Little progress has been made toward reaching a consensus about which terms should be protected and how they should be protected in transatlantic trade.

Economics has been the dominant lens through which the …

Copyright

Missouri Law Review

No abstract provided.

Table Of Contents

Missouri Law Review

No abstract provided.