Law Commons^™

Deepfakes, Deep Skepticism, And The Privacy Dividends Of A Default Of Distrust, Marc Jonathan Blitz

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Kevin C. Mcmunigal, Michael Scharf

Case Western Reserve Law Review

No abstract provided.

Waive Goodbye To Corporate Accountability? Reforming The Federal Arbitration Act To Protect Consumers With Small-Value Claims, Matthew Matolka

Case Western Reserve Law Review

No abstract provided.

Under The Influence: Duties, Deception, Disclosures, And Due Diligence Of Social Media Influencers, Arianna Kiaei

Washington and Lee Law Review

The encroachment of social media into the daily lives of society reflects a major shift in consumer behavior. As social media moves from providing platforms of narrow connectivity among friends and family to social connection beyond one’s personal network, novel channels are being formed for consumers to absorb and share information. It opens opportunity for corporations to market their products beyond traditional methods and establishes the “influencer” sharing personal thoughts and recommendations on such products.

Social media’s immense purchasing power has a direct effect on the decision-making processes of individuals and the profit margins of corporations, and thus, the capacity …

State Recalcitrance Strategies For Resisting The Federal Government, Travis L. Letellier

South Dakota Law Review

States resist federal encroachments on their sovereignty. This recalcitrance has been buoyed by the renewed federalism jurisprudence of the Rehnquist and Roberts Courts. Research into state sovereignty typically arranges recalcitrance actions by the policy issue under discussion. This article takes a novel approach and instead evaluates state recalcitrance according to common strategies employed by political actors across the political spectrum. State recalcitrance strategies are categorized into four menu options: (1) Ignore It Exists, (2) Sanctuary Jurisdictions, (3) Pick a Fight, and (4) Political Posturing. The article recognizes these strategies are not mutually exclusive and concludes that the proposed menu of …

Does The 25th Amendment Merit Reform?: The Challenge Of Determining Presidential Disability, Karena R. Andreassen

Honors Theses

This research project examines the persistent lack of use of the 25th Amendment to the United States Constitution in its original form, despite many calls for the reform of the language or expansion of its application as situations unfold. Adopted in 1967, the amendment was created to address the challenges of presidential succession and incapacity. However, historical events over the last few decades, such as the assassination attempt on Ronald Reagan, Reagan’s colon cancer, and the general increase in the age at which presidents assume office, have contributed to scrutiny over the amendments’ provisions. This study will explore why specifically …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Reframe: A New Interpretive Framework For Non-Governmental Entity Responsibility In Outer Space, Steven E. Bartz

Journal of Air Law and Commerce

The mainstream interpretation of State responsibility for Non-Governmental Entities (NGEs) with respect to their commercial operations in outer space may hinder the further development of the commercial space industry. Specifically, that interpretation produces broad responsibility for nation-states (States) under international law and derivative consequences for States and NGEs, but the international space community might avoid the otherwise harsh practical consequences that are likely to hamper the continued growth of commercial activities by NGEs in outer space by reexamining and reinterpreting a few aspects of existing law. This article (1) examines mainstream interpretations of State responsibility for NGEs with respect to …

Space Agriculture, Biotechnology, And Terraforming: Rethinking The Paradigm Of Harmful Contamination, Francesca Giannoni-Crystal

Journal of Air Law and Commerce

As humanity transitions from sporadic exploratory space missions to permanent settlements on celestial bodies (like the Moon or Mars), agriculture biotechnology, and, potentially, terraforming projects will be essential for establishing self-sustaining settlements.

These activities raise critical issues concerning the interpretation of the principle of harmful contamination under Article IX of the Outer Space Treaty (OST) and its implementation through the Committee on Space Research’s Policy on Planetary Protection (COSPAR Policy) referred together in this article as the “Planetary Protection Framework,” which is primarily oriented toward exploration with scientific integrity rather than permanent habitation.

The challenge lies in the fact that …

The Heavy Odds For A Weaponized And Lawless Outer Space, Rob Frieden

Journal of Air Law and Commerce

Just as space commerce appears to have reached a critical mass, competing national government interests can thwart progress with strategies and tactics that increase market risk, volatility, and uncertainty. Despite universal support for a treaty-level commitment to pursue only peaceful activities, for the benefit of everyone, unilateral actions by the governments of China, Russia, and the United States have the potential to disrupt markets and render space a new theater of warfare. These nations appear disinclined to embrace the unenforceable goals contained in five international treaties governing activities in outer space.

So-called Great Power Competition has generated high stakes rivalry …

Prepare For Landing: The Dot’S Authority To Regulate Unfair And Deceptive Practices Amidst The Supreme Court’S Elimination Of Chevron Deference, Ali Garman

Journal of Air Law and Commerce

On June 28, 2024, the Supreme Court overturned Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. with their decision in Loper Bright v. Raimondo—holding that judges are not obligated to defer to agency interpretations of the statutes they administer. One month after this decision, the Fifth Circuit Court of Appeals held that the Department of Transportation does not have authority to issue a rule regulating how airlines communicate certain fees to customers during the booking process. This decision contradicts the Seventh Circuit Court of Appeals’ earlier decision to uphold similar DOT regulations attempting to prohibit unfair and deceptive …

Guilty Until Proven Innocent - Litigating Shy Bladder Cases Before The National Transportation Safety Board, Alan Armstrong

Journal of Air Law and Commerce

For airmen, the drug testing regulations and procedures in the United States are dispiriting, oppressive, and unjust. Evidencing contempt for basic physiology, an airman unable to produce forty-five milliliters of urine within three hours is deemed to have “refused” a Department of Transportation (DOT) drug test. While the regulations require the airman to be briefed on the shy bladder protocol, this requirement is not enforced by the National Transportation Safety Board (NTSB).

The FAA, after losing a case where the airman left the drug testing facility without being warned that such conduct would be deemed a refusal, simply abolished the …

John P. Davis And The Joint Committee, Pamela A. Izvănariu

Michigan Journal of Race and Law

This Article uses archival research and social movement theory to recover a critical but untold story about how John P. Davis innovated novel modes of organizational mobilization and multidimensional advocacy to build power and movement at the intersection of race and the economy in the Jim Crow and New Deal era. It examines Davis’s mobilization of the Joint Committee on National Recovery (JCNR), recovers the mobilization and advocacy models Davis engineered, and tells of the fight Davis and the JCNR waged to achieve racial and economic justice and effect a new— and truly emancipatory—New Deal.

Institutionalized Ostracism, Danieli Evans

Michigan Journal of Race and Law

Belonging is a fundamental need, like food or water. Hundreds of social psychology studies find that people who are ostracized (excluded, rejected, or ignored) experience severe pain and suffering. Ostracism threatens basic needs, triggers the same neurocognitive processing system as physical pain, and impairs functioning. Furthermore, ostracized people may cope in ways that beget “deviant” labeling and further ostracism.

Belonging and ostracism are prevalent themes in social psychology research, but these constructs have received relatively little attention in law. This Article begins to explore the implications of this research for law. I make three contributions: First, I name and describe …

Police Gatekeeping, Emily M. Poor

Michigan Journal of Race and Law

The role of policing in American society is more pervasive (and less visible) than many acknowledge. Police do not just patrol, arrest, and keep peace – they also gatekeep. Many and varied ostensibly non-criminal processes rely on police fact-finding to adjudicate claims, establish eligibility for resources, and take adverse action against individuals. This Article examines the phenomenon of police gatekeeping, both as a practical barrier to resources and remedies and as a hegemonic mechanism to construct the social conception of truth.

Recognizing the ways in which civil society relies upon police as gatekeepers of both practical resources and the social …

La Ignorancia Es Atrevida: Hernandez V. New York And The Mistaken Exclusion Of Bilingual Jurors, Finley B. Davis

Michigan Journal of Race and Law

No abstract provided.

Tribal Legal Licensing Of Attorneys, House Counsel Status, And The Opportunity To Redefine The Jd Preferred Position And The Entire Lawyer Ecosystem, Nicholas J. Stamates

Michigan Journal of Race and Law

The recognized right of Indian Tribes to license has been a known reality dating back to the Supreme Court’s ruling in Worcester v. Georgia, 31 U.S. 515 (1832) where state law was found inapplicable on the lands of the Cherokee. However, the modern implications of tribal licensing and regulation have only just begun to be explored in the context of the modern American regulatory system. In fact, the ability of Indian Tribes to license attorneys to practice law within their court systems has largely gone unexamined outside of a few exceptions such as the Tribal Law and Order Act …

Chapman Law Review Looted Art Display, Phillip Der Mugrdechian

Chapman Law Review

"The 2025 Chapman Law Review symposium, “Raiders of the Lost Art: Legal Challenges and Recoveries,” brought together experts from around the country to discuss art law, looted art, and the prosecution of bad actors as a domestic and international concern.

The Hugh and Hazel Darling Law Library and Chapman Law Review put together a display to supplement the symposium. The display exhibited contributions from symposium panelists, focusing on works that showcased their areas of expertise. Topic areas included looted art restitution, the destruction of cultural heritage in Ukraine, museums as bad actors, and laws and cases that concern restitution and …

A Constitutional View Of Administrative Agencies, Anthony J. Diego

Honors Undergraduate Theses

This research focuses on a nuanced area of American law and history: the constitutionality of administrative agencies. Determining their constitutionality requires a sound and fundamental understanding of administrative agencies’ history and purpose, as well as applicable constitutional principles. Reliance on core legal and historical documents founding the United States, as well as existing literature analyzing them, is essential to this determination. Administrative agencies have existed within the United States government since the Founding, though not without scrutiny and exception to government operations. Recently, Supreme Court precedent dramatically changed agency operative functions, making it now an opportune time to analyze the …

Crisis, Controversy, And Credibility: Rhetorical Appeals In Governor Desantis’ State Of The State Addresses, Victoria E. Laird

Honors Undergraduate Theses

This paper examines how Governor DeSantis has used rhetoric to advance his political identity and policy during the Florida legislative sessions from 2019 to 2025. Using rhetorical analysis, the study identifies linguistic techniques and persuasive devices that help shape DeSantis’s policy agenda and drive legislation. This study is important as it explores the ability of political figures to ground themselves in language and push political ideologies. The findings reveal a consistent emphasis on ethos while simultaneously appealing to unity, strengthen, and moral clarity. Over time, DeSantis’s rhetoric evolves from defensive to assertive leadership framed by appeals to national policy and …

Criminal Defenses In The Age Of Ai: An Examination Of How Technological Advancements Are Challenging Traditional Duress And Mistake Of Fact Defenses, Lauren Lepage

Honors Undergraduate Theses

AI has rapidly evolved into a defining force of modern life, transforming industries by automating tasks, streamlining workflows, and enhancing everyday experiences. However, the same advancements, especially in deepfakes, now enable highly convincing manipulation of audio, images, and video, blurring the line between truth and fabrication. As these technologies grow more accessible, they not only reshape digital interactions but also challenge core principles of criminal law and culpability. This research examines the rapid advancement of Artificial Intelligence (AI) and deepfake technology and analyzes the challenges they pose to traditional criminal defenses. Employing a doctrinal legal research approach, it evaluates statutory …

An Analysis Of Florida's Dual Enrollment Laws: How Florida's Model Is Uniquely Protected By The Fourteenth Amendment, William H. Hamman

Honors Undergraduate Theses

Florida’s dual enrollment program is an offering within the state’s basic education package, allowing secondary students to participate in postsecondary courses while simultaneously earning secondary and postsecondary credit. In Florida, around 80,000 students participate annually, and 1.5 million students are within the grade range eligible for participation in the program. This thesis analyzes how the program, and subsequently eligible students, are granted constitutional protections under the Fourteenth Amendment. The author conducted this research to highlight the expansive nature of constitutional law and demonstrate how Florida’s model is unique among state-mandated dual/concurrent enrollment programs. To conduct the necessary research, the author …

Electing The Supreme Court, Dmitry Bam

Faculty Publications

There is a curious irony in how we select United States Supreme Court justices. According to basic constitutional theory, as well as the arguments made by many leading Framers at the time of the Founding, one of the Court’s primary roles is to serve as a check on the executive and legislative branches when they exceed the constitutional limits imposed by the American people. Yet, we ask those very branches to jointly select the justices responsible for enforcing these limits, leaving the American people with only an indirect (if any) role in the process. Not surprisingly, the justices nominated by …

High Hopes, Clouded Realities: Minnesota's Cannabis Legalization And The Hidden Health Risks, Allison Crescimanno

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Gender Discrimination In The Workplace: A Retrospective Analysis Of 'Young V. United Parcel Service, Inc., 575 U.S. 206 (2015)’ Through The Lens Of Feminist Jurisprudence, Christina Jackson

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Resistance: The Mura Struggle Against Canadian Potash Mining In Brazil’S Amazon, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Federal University Of Rio Grande Do Sul, Graduate Program In Law (Ppgd/Ufrgs), International Human Rights Program (Ihrp), University Of Toronto Jackman Law, Observatory Of Socio-Environmental Law And Human Rights In The Amazon (Odsdh/Ufam)

CLIHHR Reports & Policy Submissions

A comprehensive human rights and environmental report documenting the Mura Indigenous people’s resistance to Brazil Potash’s Autazes Potash Project in the Brazilian Amazon. The report details environmental risks, human rights violations, failures in consultation processes, litigation history, corporate accountability, and the ongoing struggle for land demarcation.

How Can You Turn Adversarial Attorneys Into Quasi-Mediators?, John Lande

Faculty Publications

This article grows out of an educational program sponsored by the St. Louis chapter of the Association of Attorney-Mediators, which functioned as a focus group. It describes mediators’ experiences with attorneys in mediation who were cooperative and adversarial.

It describes things that mediators can do to make adversarial attorneys behave as “quasi-mediators.” Attorneys acting as quasi-mediators help their clients realistically understand the other side’s perspectives. The attorneys also promote their clients’ interests by enlisting the mediators’ help and encouraging the other side to adjust their positions. Attorneys who sometimes act as quasi-mediators tailor their techniques to their clients’ preferences and …

Choosing To Use Good Language In The "Adr" Field, John Lande

Faculty Publications

On October 30, 2024, Debra Berman posted a message on a listserv encouraging colleagues to drop the word “alternative” from “ADR.” Her post quickly prompted 24 responses. This article summarizes the listserv discussion about the term “ADR,” and demonstrates serious misconceptions embodied in popular concepts of “BATNA” and “facilitative” and “evaluative” mediation as well as other problematic language that we frequently use.

Language is a shared resource that can enable people to understand each other accurately and to improve our ideas and techniques. This article describes the many ways that language has huge effects on people’s thoughts and actions, and …

International Law And The Rise Of Populism, Shruti Rana, Peter G. Danchin, Jeremy Farrall, Jolyon Ford, Imogen Saunders

Faculty Publications

Contemporary legal scholarship seeks to diagnose populist antagonism towards national and international law and warn about the challenges it poses to the cooperation needed to respond to global threats. What this scholarship overlooks, however, is the role that major shifts in international legal normativity and conceptions of global governance have themselves played in incubating the conditions far the rise of populism. Against the prevailing literature, this Article argues that the key to unlocking this puzzle is recognition that populism, rather than constituting an external social pathology, is a mode of politics arising internal to the intellectual history and practice of …