Law Commons^™

Abolishing The Constitution Revision Commission: Not The Effort Of A Modern-Day “Pork Chop Gang”.

Florida A & M University Law Review

No abstract provided.

Front Matter

Florida A & M University Law Review

No abstract provided.

Yo Soy Boricua, Pa’ Que Tu Los Sepas: How Heirs’ Property Endangers The Future Of Puerto Rico

Florida A & M University Law Review

This article analyzes the problem of heirs’ property in Puerto Rico in three sections. Section I commences with the complexities related to Puerto Rico’s civil law system. Section I then bifurcates into Subsections A and B. Subsection A delves into colonial ties that continue to influence the political reality of Puerto Rico. Subsection B then identifies the main barriers to avoiding heirs’ property as informal land transfers, forced heirship, and conjugal partnerships.

Section II depicts how the current economic and housing crisis exposes the island to foreign threats. Section II also bifurcates into Subsections A and B. Subsection A unravels …

Table Of Contents, Editor's Note, Dedication

Florida A & M University Law Review

No abstract provided.

The Change That Needs To Be Made: A Shift From Juvenile Life Without Parole To The Use Of Rehabilitative Programs In Florida

Florida A & M University Law Review

Life without parole is the harshest sentence a minor can receive for a homicide offense. Florida is one of a few states that still allow this type of sentence for minors. This sentence violates the Eighth Amendment of the Constitution because it is a cruel and unusual punishment as it locks up a minor for the rest of his or her life, or at least for most of it. Life without parole for juveniles who commit homicide offenses should no longer be available in Florida. A juvenile should receive a sentence that does not keep them incarcerated for the majority …

Collaborating With Local Prisons: Literacy Efforts For Incarcerated Individuals

Florida A & M University Law Review

The Reading Writing Group (“RWG”) is a group that meets at the Santa Rosa Correctional Institution in Milton, Florida. The goals for the participants of RWG are to increase literacy, provide opportunities for creative writing practice, and allow a safe space to express opposing views and opinions. Participants work on their reading and writing skills throughout the semester. However, the critical listening and thinking skills encouraged by the group cannot be overlooked. RWG empowers participants to think outside of their literal box. Through RWG, participants can continue to engage with the outside world and critically reflect on their place within …

Sports Betting In Florida: Let’S Bet On It

Florida A & M University Law Review

No abstract provided.

Front Matter

Florida A & M University Law Review

No abstract provided.

Editorial Board And Statement Of Editorial Policy

Florida A & M University Law Review

No abstract provided.

Florida A&M University Leadership

Florida A & M University Law Review

No abstract provided.

Keynote Address - Intimate Privacy, Expressive Power, And Trust: Essential Inputs For A Healthy Democracy, Danielle Keats Citron

Case Western Reserve Law Review

No abstract provided.

From Ambiguity To Overreach: The Ftc's Questionable Authority To Ban Non-Competes, Taylor Ray Pelton

Cybaris®

No abstract provided.

Patching The Cfaa So Researchers No Longer Pay, Joshua Baker

Cybaris®

No abstract provided.

Offshore Tax Havens: An Intriguing Problem For Canadian Tax Law, Jinyan Li, Angelo Nikolakakis

Articles & Book Chapters

The use of offshore tax havens by Canadians and multinational enterprises is an intriguing problem for Canadian tax law. This submission explains why that is the case and recommends a systematic review of the existing law and specific reform ideas.

Pave Outer Space And Put Up A Parking Lot: Lagrange Points Should Be The Common Heritage Of Mankind, David A. Koplow

Michigan Journal of International Law

Outer space offers a vast array of opportunities, with different locations or regions available for exploitation by diverse users for a growing variety of satellite functions. But not all sectors of space are equally valuable for all applications, and the most desirable venues can become crowded, affording a premium for those who gain access first and impeding the development of a fair and efficient all-inclusive international legal regime.

This article focuses on Lagrange points, a finite series of special locations in space where the gravitational forces from a pair of large celestial bodies interact in unusual ways. These points afford …

Man On Mars: How Can International Space Law Limit The Environmental Consequences Of The Coming Rush For Resources In Space, Elizabeth Anne Henderson

Michigan Journal of International Law

The body of international law governing space has stood at a standstill for decades. The five central treaties regulating this area of law are not only vague, but they have also become a hindrance to the global community’s ability to address the rapidly intensifying second space race. The treaties do not adequately state who space belongs to, who is entitled to take advantage of the natural resources of celestial bodies, or what protections are afforded to celestial environments in the face of impending mining and resource extraction projects. This impasse within international law has not stopped entrepreneurs and corporations from …

The Artificial Intelligence Trolley Problem, James Cooper, Kashyap Kompella

Faculty Scholarship

This Essay addresses a growing Constitutional challenge in public governance: the increasing delegation of consequential decisions to algorithmic systems that encode value trade-offs between liberty and security, equity and efficiency, and expression and control, without visibility, legal justification, or institutional oversight. We view this hidden normative choice an example of the “Artificial Intelligence (AI) Trolley Problem.” Like the classic moral dilemma, it involves unavoidable sacrifices among competing goods. Unlike its philosophical counterpart, however, algorithmic trade-offs occur silently. They are embedded in data proxies, optimization logic, and model design, and insulated from scrutiny by claims of technical neutrality. This Essay argues …

Cover Page

NYLS Law Review

No abstract provided.

Lex Ex Machina: Forging A New Ethical Framework For Ai And Technology In The Law, Joseph Regalia

Scholarly Works

The rise of generative artificial intelligence (GAI) offers the legal profession a chance to reevaluate and reshape its ethical standards. This article argues that GAI's potential demands a more detailed approach to legal ethics, especially concerning technology use. While current ethics rules provide a general foundation, they do not fully address the unique challenges and opportunities of GAI and similar advanced technologies.

By reviewing historical contexts of legal technology ethics and recent GAI regulations, this article suggests a new model for technology ethics in law. It calls for the inclusion of detailed, flexible standards in ethical guidelines, moving beyond the …

Legalized Surveillance: The Historical To Modern Policing Of Black Life, Nile Blass

Upper Level Writing Requirement Research Papers

No abstract provided.

The Nauru Declaration: A Milestone For Judicial Wellness, Rangajeeva Wimalasena, Lynne C. Leitch, Carly Schrever, Jeremy Fogel

Judicature International

No abstract provided.

Social Justice Unionism: Intersectionality In The Twenty-First Century Workplace, Shirley Lin

Faculty Scholarship

No abstract provided.

The Dangers Of The Current “Global Deregulatory Drive” In Financial Regulation: Written Testimony Submitted To The Uk House Of Lords Financial Services Regulation Committee, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

This written testimony was submitted to the UK House of Lords Financial Services Regulation Committee in response to the Committee’s “Call for Evidence” regarding the growth of private credit markets since the global financial crisis of 2007-09 (https://committees.parliament.uk/work/9235/growth-of-private-markets-in-the-uk-following-reforms-introduced-after-2008). This written testimony was tendered in conjunction with the author’s oral testimony before the Committee on July 23, 2025, and addresses the following points:

1. As past deregulatory episodes have shown, the current “global deregulatory drive” to loosen financial regulation is likely to endanger global financial markets by encouraging excessive risk-taking by large banks and further expansion of “shadow banking” …

Parafamily, Christina Mulligan

Faculty Scholarship

No abstract provided.

Gendered Liberty, Laura Portuondo

Faculty Scholarship

No abstract provided.

Access Or Sovereignty, John T. Holden

Emory Law Journal

Despite centuries of genocidal assimilation and forced removal, Indigenous communities in the United States have persevered and even thrived. A key driver of economic success for many tribes is gambling. While states objected, perhaps out of greed, the Supreme Court held that, as sovereign governments, gaming operations on tribal land were largely beyond the reach of state governments and law enforcement. The Supreme Court’s Cabazon decision furthered a congressional push to develop a negotiated solution to recognize Indigenous communities’ rights as sovereigns while balancing states’ desire to limit the volume of gambling taking place within their borders. The Indian Gaming …

Health Is Wealth: Strengthening Plaintiffs’ Ability To Confer Standing In Health Information Data Breach Cases, Kayla M. O'Brien

Emory Law Journal

Individuals’ health information is increasingly at risk of data breaches as healthcare providers adopt health information technologies and individuals use digital devices and applications to log their health data. The frequency of data breaches involving health information has escalated year after year, and, as a result, more individuals are seeking recourse in federal court. To proceed in federal court, however, these individuals must have Article III standing, and meeting the injury-in-fact requirement to confer standing has been a difficult hurdle for plaintiffs in data breach cases to overcome. Federal courts have narrowly interpreted what constitutes a concrete harm stemming from …

The Protection Of “Style” Under Copyright And Its Application To Generative Artificial Intelligence, David Lane Nielsen

Emory Law Journal

Since it began to pick up steam in the mid-2010s, generative Artificial Intelligence (AI) has quickly developed breathtaking capabilities. It has found applications in a great variety of industries, and in the last couple of years it has developed to the point where it has captured public attention by producing artistic works that match the quality of human-made works. While bringing great advantages, this development is not without concern, especially within the artistic community. Much has been made of the use of artists’ works in training generative AI, the likely replacement of artists with AI models, and the threat these …

Technological Readiness Versus Disruption: A Framework For Assessing Distinct Artificial Intelligence Policy Strategies, Orly Lobel

Emory Law Journal

Artificial intelligence (“AI”) is here and rapidly advancing. As the 2024 Thrower Symposium of the Emory Law Journal demonstrated, developments in the integration of AI to all aspects of life raise fundamental challenges for legal scholars and policymakers about the desirability and legitimacy of algorithmic decision-making, the societal impact of automation, and the liability, ownership, and regulatory puzzles created by substituting human actions with AI systems. This Article provides a framework for analyzing the readiness and desirability of contemporary technological innovation while continuing to address the effects and impact of technological shifts on the labor market, social welfare, and democracy. …

Civil Society And The Crisis Of Privacy Law, Ari Ezra Waldman

Emory Law Journal

Based on interviews with key players, public reports, and previously undisclosed primary sources, this Article tells the inside story of the American Data Privacy and Protection Act (ADPPA) and the role of privacy nonprofit organizations in crafting it. It uses ADPPA’s drafting as a case study about larger questions of expertise, the lawmaking process, and the role of law in setting the context of advocacy. The Article’s descriptive argument is that background law and the dynamics of privacy policymaking in the United States Congress channeled and constrained the choices made by privacy civil society organizations while negotiating and drafting key …