Law Commons^™

Being Independent Together: Georgia Adopts Eleventh Circuit’S Two-Step Analysis In Cases Involving The Independent Source Doctrine, Madison Shaw

Mercer Law Review

The exclusionary rule is a judicially created sanction applied by the Supreme Court of the United States to effectuate the intent of the protections provided by the Fourth Amendment. This rule aims to deter police misconduct by presenting a sanction barring the prosecution from presenting evidence obtained through a Fourth Amendment violation. Despite this honorable intention, however, the rule’s exceptions have arguably eroded the protections it seeks to provide. One such exception is the independent source doctrine. Tatum v. State is one of the most recent decisions by the Supreme Court of Georgia in which the court considered applying this …

The Unfulfilled Promise Of Confédération Des Syndicats Nationaux: A Case Study On The Reconciliation Of Equality And Freedom Of Association, Andrea Talarico

Dalhousie Law Journal

The evolution of the protection of collective bargaining rights in Canada has been marked by a tension between freedom of association (section 2(d) of the Canadian Charter of Rights and Freedoms, “the Charter”) and equality (section 15(1) of the Charter). In most cases before the Supreme Court of Canada (“the SCC”), the SCC has examined both rights separately. More recently, the SCC has treated equality as a value (rather than a right), using the value of equality to inform its interpretation of freedom of association. Both these approaches (the “Siloed Approach” and the “Charter Values” approach) fail …

Don’T Mess With Mr. In-Between, Brian Langille, Ben Mayer-Goodman

Dalhousie Law Journal

In a separate, related paper, we reveal and criticize an important “methodical error” which is commonly made in labour law jurisprudence. In this paper, we undertake a review of the attempts by Canadian and UK legislators and decision makers to overcome some of the problems of applying labour law’s traditional orthodoxy in the face of an ever more complex world by creating new categories “in between” the existing classes of employees and independent contractors. These attempts often fail precisely because they perpetuate the traditional approach and its methodological error, maintaining its perverse incentive structures. Our advice: “Don’t mess with Mr. …

Crip Time, Castoriadis, And Transcending The Duty To Accommodate In The Workplace, Ravi Malhotra, Jacqueline Moizer

Dalhousie Law Journal

Disabled people often experience time in a manner that is distinct from able-bodied individuals. Disabled people may have shorter careers, have difficulty maintaining full-time employment, and may be forced to work part-time due to the impact of their impairments. Many disabled people face considerable barriers every day in accessing services to participate fully in the workplace, including accessible transportation and attendant services. These underfunded services are often late if delivered at all, wreaking havoc on the ability of workers with disabilities to plan their day and make firm commitments. Yet disability scholars have attempted to reclaim this experience as one …

The Impact Of Artificial Intelligence On Access To Justice: Predictive Analytics And The Legal Services Market, Matthew Dylag

Dalhousie Law Journal

This paper examines how developers of predictive analytics—a technology using artificial intelligence (AI) to predict the outcomes of legal disputes—position their product vis-à-vis access to justice. In particular, it examines how two companies market their software to better understand how this technology is being integrated into the legal services market and to comment on the software’s potential impact on access to justice. The first part of this paper reviews the access to justice landscape and examines existing critiques of AI supported technology from an access to justice perspective. The second part briefly outlines the scope and design of the study, …

“17 Going On 23”: Sentencing Young People To Life In Canada, Debra Parkes

Dalhousie Law Journal

Canada is one of 67 countries worldwide that allows young people—those under the age of 18—to be sentenced to life imprisonment. In 2008, the Supreme Court of Canada recognized the presumption of diminished moral blameworthiness of young people as a constitutional principle of fundamental justice and invalidated a law that presumed youth should be sentenced as adults for some serious crimes, including murder. The burden is, therefore, always on the Crown to rebut the presumption and prove that a youth sentence would not be long enough to hold the young person accountable for their behaviour. Where the presumption can be …

The Role Of Advisory Opinions In International Law In The Context Of The Climate Crisis, Maria Antonia Tigre, Armando Rocha

Sabin Center for Climate Change Law

Between December 2022 and March 2023, three requests for an advisory opinion were submitted to the International Tribunal for the Law of the Sea (ITLOS), the Inter-American Court of Human Rights (IACtHR), and the International Court of Justice (ICJ). Furthermore, a request for an advisory opinion from the African Court on Human and Peoples’ Rights (AfCtHPR) is being prepared. As such, 2024–2025 marks an unprecedented moment in global climate litigation: as of November 2024, we are on the verge of having four of the world’s most important international and regional courts and tribunals answering crucial legal questions on the (ex …

Technology And The Unique Challenges Of Applying Law To The Realm Of Outer Space And Space Activities, F.G. Von Der Dunk

Chicago Journal of International Law

For better or worse, technology at heart is—except to the extent that artificial intelligence fundamentally becomes involved—not so much a creator as a facilitator and enhancer of human acts, actions and activities, allowing them to become more effective, less costly, or sometimes even just merely feasible. Perhaps nowhere that is more pertinent then when it comes to human activities in outer space, which are still overwhelmingly conducted remotely and hence crucially dependent on technology. Given that “the law” has always been geared to address humans and their acts, actions, and activities, this gives rise to a rather special approach to …

Digital Investigations Of Systematic And Conflict-Related Sexual Violence: Practice And Possibilities, Alexa Koenig

Chicago Journal of International Law

This article discusses a new guide that has been developed to support the responsible use of digital open-source information to investigate systematic and conflict-related sexual violence (SCRSV). Drafted by the Institute for International Criminal Investigations and the Human Rights Center at UC Berkeley School of Law, the just-published pilot version of the Open- Source Practitioner’s Guide to the Murad Code aims to minimize the risks and maximize the potential for digital investigations into SCRSV. Part I of this article opens with a brief history of accountability for SCRSV, touching on the need to strengthen SCRSV investigations and providing a brief …

The Click-And-Commit World Order, Melissa J. Durkee

Chicago Journal of International Law

This Article explores the rise of a new model of global governance: the “click-and-commit world order,” characterized by digitally mediated pledging platforms through which a wide array of actors—states, corporations, cities, NGOs, and individuals—publicly commit to addressing global problems through non-binding promises. In contrast to traditional treaty-making, these pledging platforms offer a decentralized, voluntary framework for international cooperation that relies on public declarations rather than negotiated obligations.

Within the U.N. system, this mode of governance developed within the United Nations Global Compact and the Paris Climate Agreement, where bottom-up pledges were institutionalized within formal and informal international structures. The internet …

From Human Mapping To Machine Embedding: Uncovering Key Legal Drivers And Deterrents Of Isds Filing Frequencies, Sangchul Park

Chicago Journal of International Law

International investment agreements (IIAs), while intended to prop cross-border investment, have faced persistent criticism for potentially undermining the regulatory sovereignty of developing countries. Various mechanisms have been proposed as alternatives to traditional bilateral investment treaty (BIT) models, often with the goal of curbing investor-state dispute settlement (ISDS) filings. While existing research has uncovered the impact of nonlegal factors, such as macroeconomic crises, little has been done to systematically examine how legal provisions in either major model BITs or ISDS reform toolboxes influence ISDS filing patterns. To address this gap, this Article analyzes the interplay between (i) legal texts of 2,148 …

Revolutions In Justice: Advancing The Rome Statute System To Fight Impunity In Future Wars, Lindsay Freeman

Chicago Journal of International Law

The modern system of international criminal justice, which was born out of World War II and built in its current form during the early 1990s, is both revolutionary and a relic. The ideals, innovation, and vision that created the international legal order were ground-breaking at the time but have failed to evolve at a pace that ensures its relevance and efficacy. The challenges we face today are drastically different from those in the period in which the framework was conceived, the institutions were formed, and the laws were drafted. While these changes have been incremental over several decades, technological advances …

Technology And The Law Of Jus Ante Bellum, Asaf Lubin

Chicago Journal of International Law

The temporal boundaries of the international rules governing military force are myopic. By focusing only on the initiation and conduct of war, the legal dichotomy between Jus Ad Bellum and Jus In Bello fails to address the critical role of peacetime military preparations in shaping future conflicts. Disruptive military technologies, such as artificial intelligence and cyber offensive capabilities, only further underscore this deficiency. During their pre-war development, these technologies embed countless design choices, hardcoding into their software and user interfaces policy rationales, legal interpretations, and value judgments. Once deployed in battle, these choices have the potential to precondition warfighters and …

The Reign Of Cerberus: International Law And Technological Innovation, Paul B. Stephan

Chicago Journal of International Law

This Essay sketches an informal theory of the impact of technological change on international economics, and hence international relations expressed as international law. The theory points to a policy trilemma, something that I call Cerberus in a perhaps futile attempt at an arresting metaphor. The Essay uses the trilemma to illuminate the general trends in technology policy we see playing out in China, Europe, and the United States. It argues that we have the privilege of witnessing an ongoing natural experiment in optimal technology regulation and legal policy, with no guarantee as to which approach will prevail.

Of course, like …

Interplanetary Risk Regulation, Jonathan B. Wiener, Charles (Chase) Hamilton

Chicago Journal of International Law

Space exploration promises new opportunities but also new risks. After centuries of national settlements and international conflicts on Earth, and the Cold War era of two great power states racing to the Moon, today we see a rapidly proliferating arena of actors, both governmental and non-governmental, undertaking bold new ventures off-Earth while posing an array of new risks. These multiple activities, actors, and risks raise the prospects of regulatory gaps, costs, conflicts, and complexities that warrant reconsideration and renovation of legacy legal regimes such as the international space law agreements. New approaches are needed, beyond current national and international law, …

False Criminalization And The Erosion Of Community Equity, Deborah N. Archer, Daniel S. Harawa

North Carolina Law Review

No abstract provided.

Facial Recognition Ai, Margaret Hu

North Carolina Law Review

No abstract provided.

Graduate School Blog - June 2025, Cynthia Haynes

UofM Grad School Blog

The June 2025 edition of the UofM Graduate School Blog helps prospective and current students make informed financial decisions with Part 1 of the Graduate School Cost Guide, breaking down tuition structures such as per-credit hour versus flat-rate models, highlighting UofM’s tuition cap for in-state students, and explaining key university fees and cost differences between online and on-campus formats. The blog also features Brianna Reilly, a Doctor of Musical Arts graduate from New York, who shares how a graduate assistantship and her passion for music education led her to continue at UofM through the pandemic. Additional resources include an …

Lost And Found: The Forgotten Origins Of The “Cruel And Unusual Punishments” Prohibition, John D. Bessler

Articles

The U.S. Supreme Court and legal scholars have long traced the origins of the Eighth Amendment’s prohibition against “cruel and unusual punishments” to the English Declaration of Rights, codified as the English Bill of Rights (1689). The English Declaration of Rights recited that, in King James II’s reign, “illegal and cruel punishments” had been “inflicted,” with its tenth clause then declaring in hortatory fashion: “That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The prohibitions against excessive bail and excessive fines and the final phrase—“nor cruel and unusual punishments inflicted”—were later …

Third-Party Litigation Funding, Jonas Anderson

Utah Law Review

As the legal system confronts rising litigation costs, technological disruption, and global investment in legal claims, the discussion around TPLF is both urgent and overdue. This symposium issue provides ways to illuminate the path forward— through scholarly engagement, critical analysis, and policy innovation.

Predicting Federal Third-Party Funding Regulation, Victoria Shannon Sahani

Utah Law Review

Third-party funding is a global phenomenon, although regulatory enforcement is local. Regulatory approaches vary widely from country to country and within countries, especially in federal legal systems, such as Canada, Australia, and the United States. The United States federal government is learning about third-party funding with an eye toward potential future regulation. Congress has been investigating funding, as evidenced by testimony in congressional hearings, proposed federal legislation, and a nonpartisan study on third-party funding by the Government Accountability Office. In addition, after more than a decade of observation, the United States Federal Civil Rules Advisory Committee recently formed a committee …

Third-Party Funding Of Patent Litigation: Problems And Solutions, Korok Ray, Adam Olson

Utah Law Review

This Article documents the rise of third-party funding in patent litigation. We track funding sources for patent lawsuits in the United States from 2002 to 2021, which show an increase in cases and percentage funded by third parties. While we cannot say third-party funding increased patent litigation, we can observe the correlation. The use of the champerty doctrine by patent trolls distorts the marketplace and causes frivolous litigation.

The secondary patent market created a robust litigation market in which non-practicing entities (NPEs) can buy from innovators and sue defendants. Capital investments bet on litigation, hoping for a return without interest …

Does Third Party Litigation Funding Need Regulations On Consumer Protection, Ronen Avraham, Eric Schuller, Tony Sebok

Utah Law Review

Transcript of a roundtable discussion during the Third-Party Litigation Symposium at the S.J. Quinney College of Law

Criminal Law, Thomas D. Church, Whitney Baker

Mercer Law Review

This Article provides a brief examination of the United States Court of Appeals for the Eleventh Circuit’s most important criminal law opinions in 2024. Rather than engage in an exhaustive review of the facts and laws in each case, we focus on the key holdings from only the most noteworthy, published decisions. Section II of this Article addresses substantive criminal offenses, such as economic crimes, drug offenses, and firearm offenses, while Section III covers criminal procedure, the rules of evidence, and constitutional issues arising in criminal prosecutions. Section IV deals with the federal sentencing guidelines and other sentencing issues, and …

Federal Income Taxation, Andrew Todd

Mercer Law Review

In 2024, the United States Court of Appeals for the Eleventh Circuit issued only one published opinion, Green Rock LLC v. Internal Revenue Service, and a handful of unpublished opinions involving U.S. federal income tax issues. Green Rock presented an issue of first impression in the Eleventh Circuit: the validity of an Internal Revenue Service (IRS) Notice that designated transactions as “listed transactions” without following the notice and comment rulemaking procedures prescribed by the Administrative Procedure Act (APA). This Article surveys that opinion.

Immigration Law, Bianca N. Dibella, Hannah L. Baskind

Mercer Law Review

In 2024, the United States Court of Appeals for the Eleventh Circuit issued only one published opinion, Green Rock LLC v. Internal Revenue Service, and a handful of unpublished opinions involving U.S. federal income tax issues. Green Rock presented an issue of first impression in the Eleventh Circuit: the validity of an Internal Revenue Service (IRS) Notice that designated transactions as “listed transactions” without following the notice and comment rulemaking procedures prescribed by the Administrative Procedure Act (APA). This Article surveys that opinion.

From Exceptional To Accountable: Judicial Challenges To Tax Agency Procedures Under The Apa, Clay Wright

Mercer Law Review

This Comment examines the increasing scrutiny of the procedural practices of the Treasury Department and the Internal Revenue Service (IRS) in tax rulemaking, focusing on how the Administrative Procedure Act (APA) applies to their regulatory frameworks. It examines the evolving intersection of tax and administrative law, in light of courts beginning to alter long-standing notions of tax exceptionalism, where tax agencies have historically been shielded from the procedural standards that apply to other federal agencies. The Comment navigates these issues through key case law developments, highlighting how APA procedural challenges are reshaping the regulatory landscape

Barking Up The Right Tree: The Eleventh Circuit Tightens The Leash On Egregious Police Conduct In Plowright V. Miami-Dade County, Jack Chenette

Mercer Law Review

No abstract provided.

Table Of Contents

Mercer Law Review

No abstract provided.

To Keep Our Nation Breathing: The Impact Of State Legislation And The Prep Act On Covid-19 Liability Immunity Defenses For Healthcare Providers In The Eleventh Circuit, J. Bailey Hotard

Mercer Law Review

This Comment is not intended to patronize you with statistics related to the COVID-19 pandemic. The odds suggest that you or someone you love dealt with these gruesome realities in real-time. Instead, allow me to paint a picture:1 You direct hospital operations. You have built your career at a trauma hospital, so you are familiar with the stress that comes with a daily ratio of six patients to one nurse—and yet, COVID-19 brings constantly evolving challenges that no one anticipated. On a typical day, during the height of the pandemic, your consecutive twelve-hour workdays become a blur as you and …