Law Commons^™

Rethinking Trust In The Refugee Resettlement Process: How Service Providers Can Enable Refugee Agency Through Diasporic Connections, Mahfoudha Sidelemine, Emily D. Campion

Political Science & Geography Faculty Publications

Current guidance for refugee resettlement agency workers encourages the simultaneous pursuit of trust-building and administrative tasks (e.g., housing, transportation and employment). This dual goal is resource-intensive, and focusing on the former may come at a cost to the latter. The purpose of the current research is to challenge the importance of trust-building by resettlement agencies. Drawing from our qualitative data from in-depth interviews with resettled refugees (N = 20) and agency workers (N = 15), we adopt a grounded theory approach and find that the burden of responsibility for both caregiving and administrative responsibilities can overtax agency workers …

The Winds Of Change: How China's Focus On Rare Earth Minerals Reshapes The World, Ian Murphy, Kevin Johnston

Political Science & Geography Faculty Publications

This article examines how rare earth minerals and the People's Republic of China's (PRC) strategic dominance in the global economy affect U.S. national security. The PRC's near monopoly on rare earth processing and its use of export controls as leverage pose significant risks to global supply chains and U.S. national security interests. This analysis explores contemporary PRC strategies in the rare earth sector and their implications for U.S. national security by explaining how the PRC's view of international cooperation differs from the United States' view. In essence, the PRC is using the transition to renewable energy to pursue its broader …

Un©Ertainty And Dis©Omfort, Richard H. Chused

Articles & Chapters

This essay explores creative works that produce powerful reactions of discernment, hostility, or deep uncertainty from mysterious forms of "blankness." They all use silence or similarly ineffable qualities to challenge the thoughtfulness and tolerance of audience members. They force us to understand that creativity sometimes manifests itself in strange and bizarre ways that test not only our viewing tolerance, but also our traditional notions of creativity and of intellectual property boundary lines. It is like forcing fully sensory-enabled people to think about creativity in ways that may mimic a small fragment of the daily experience of those with limited sight …

The "Casserole" Constitution: The South African Constitution And International Law, Penelope Andrews

Articles & Chapters

No abstract provided.

Like Holding Up A Mirror: How I Learned To Teach Restorative Justice, Susan Abraham

Articles & Chapters

No abstract provided.

The Complexities Of Consent To Personal Jurisdiction, Scott Dodson

Faculty Scholarship

Mallory v. Norfolk Southern Railway Co., decided in June 2023, held that consent remains a method of establishing personal jurisdiction independent of the “minimum contacts” test established by International Shoe Co. v. Washington. To many, the decision resolved ambiguity in personal jurisdiction doctrine and represented a straightforward way of establishing personal jurisdiction. But Mallory failed to consider the many complexities underlying consent. In this Article, I showcase those complexities and demonstrate that Mallory is just the tip of the iceberg: A host of questions, some fundamental to both consent theory and personal-jurisdiction doctrine, lurk beneath the surface. I argue that …

Criminal Procedure Without Consent, Kate Weisburd

Faculty Scholarship

Scholars and advocates have long argued that a person’s consent to a warrantless police search is often so inherently coerced, uninformed, and shaped by race, class, gender, citizenship status, and disability that to call it a “choice” is fiction. This critique is not limited to police searches based on consent. Waiving rights and consenting to otherwise unconstitutional state action permeates criminal procedure. The definition of a seizure, the third-party doctrine, custodial confessions, plea bargains, and agreements to alternatives to incarceration (such as GPS ankle monitoring) all hinge on the idea of voluntary choices—choices that are often just as coerced and …

Betwixt And Between: Restorative Justice, Dei, And Education Carcerality, Thalia Gonzalez, Alyssa Faith Scott

Faculty Scholarship

American K-12 public education is at a critical anti-civil rights inflection point amidst a rapidly changing landscape of federal and state education law and policy. From local anti-literacy measures to state “three strikes” exclusionary school discipline legislation to punitive federal executive orders, new legal mechanisms are conjoining to produce public school climates marked by structural violence, and the erasure of students with multiple marginalized identities. Attending to these political and legal realities is a growing cluster of legal scholarship empirically categorizing, and theoretically challenging, the rise of such anti-education civil rights obstructions. Though diverse in scope, analyses prominently center the …

Incremental Innovation, George Horvath

Faculty Scholarship

Transformative innovations—the ones that use new technologies to disrupt the world—command our attention. But most new products are the result of a more mundane process of incremental iterative innovation, evolving through a long series of small modifications of existing technologies. Although both kinds of innovation can result in improved safety and utility, both can also create new dangers. We tend to be more aware of this in transformative innovations (as current worries over artificial intelligence show); by contrast, dangers created by incremental iterative innovation often go unrecognized, because the process itself is easy to overlook. Policymakers and regulators need to …

Overcoming Judicial Innumeracy: A Proposal To Bring The Venerable Process Of Peer Review To The Enduring Problem Of Courts’ Scientific Illiteracy, David L. Faigman

Faculty Scholarship

Lawyers are not known for their proficiency in math and science. Most of us who went to law school reached a point in our math and science studies when we realized that neither medicine nor engineering were likely to be successful career paths. It is these lawyers who become judges. Yet, the United States Supreme Court has increasingly put the burden for deciding complex scientific and technical questions in the hands of judges. This Article explores this trend of putting greater responsibility for deciding scientific and technical issues on judges, particularly in the areas of evidence law, administrative law, and …

Personal Jurisdiction And Federalism, Scott Dodson

Faculty Scholarship

Personal jurisdiction has long professed to safeguard interstate federalism through the principle that good fences make good neighbors. Although this goal sits uncomfortably with the idea of personal jurisdiction as an individual right under the Due Process Clause, recent decisions from the Supreme Court have reinvigorated the federalism aspect of personal jurisdiction, offering a new opportunity to appraise its value and efficacy. This Article does so and concludes that personal jurisdiction fails to protect interstate federalism. States and private parties, it turns out, have too much authorization to expand state-court personal jurisdiction beyond state borders using the doctrine of consent …

Imperfect Access: Structural Barriers And External Threats To Preventive Care, Dorit Rubenstein Reiss, Richard H. Hughes Iv

Faculty Scholarship

Access to healthcare in the United States is often partial and inequitable. This is due in large part to a highly fragmented public-private system of providing health insurance coverage to its citizens. Yet, through incremental policy developments, the United States provides more comprehensive preventive care coverage across both public and private sources of coverage than in other areas of healthcare. Moreover, it has developed safety net programs intended to gap-fill access for those without insurance coverage. This is not surprising; like other countries, the United States realize that in addition to being just and equitable, broader access to prevention has …

Leadership In The Digital Economy: An Investigation Into How Digitalisation Is Changing The Role And Practice Of Leadership In The Australian Defence Industry, Rhogan Aitken

Theses

Digitalisation is a phenomenon that is transforming society and is the process that moves an organisation to become digital. Research was conducted on senior leaders in the Australian defence industry with the purpose of investigating how the role and practice of leadership was changing because of digitalisation. A two-phased qualitative methodology was employed. An initial Delphi study on 13 experts in digital transformation was adopted to gain consensus on key issues, with the results informing a second stage of semi-structured interviews with 32 senior leaders in the Australian defence industry. The results identified factors that were influencing leadership, including increased …

Court Ordered Sorriness: Judicial Perspectives In Discrimination Cases, Joshua Aston, Kenneth Yin, Prafula Pearce

Research outputs 2022 to 2026

While the power to order an apology is not in doubt, whether courts should order an apology involves complex legal, ethical and practical considerations. Drawing on recent human rights cases, the article offers a view on how the courts have addressed the tension that arises in ordering an apology against a reluctant litigant despite recognising the role of an apology in redressing the grievance. The preponderance of judicial authority leans away from ordering an apology against a reluctant litigant; the court is also not disposed to ordering an apology against a public officer who is reluctant to give one.

The Need To Explore The Potential Of Marine Cdr With A One-Earth Strategy: A Guide For Policy-Makers, Philip W. Boyd, Jean-Pierre Gattuso, Minhan Dai, Louis Legendre, Terre Satterfield, Romany M. Webb

Sabin Center for Climate Change Law

Rapid, deep and sustained reductions in carbon dioxide (CO₂) emissions are essential to achieve the goals of the Paris Climate Agreement of keeping the long-term global average surface temperature increase well below 2°C above pre-industrial levels and pursue efforts to limit it to 1.5°C . In addition, the 2021 IPCC Report explains that carbon dioxide removal (CDR) will be needed to offset residual CO₂ emissions from activities and sectors that are difficult to decarbonize by 2050. The objective of CDR is removal of atmospheric CO2 from residual emissions and its durable storage in reservoirs, which is an additional critical element …

Regulation Of Ocean Alkalinity Enhancement In Washington State, Ashwin Murthy, Korey Silverman-Roati, Romany M. Webb

Sabin Center for Climate Change Law

This paper focuses on one commonly-discussed ocean carbon dioxide removal approach, ocean alkalinity enhancement (“OAE”), which involves adding alkaline substances to ocean waters in order to increase their ability to uptake carbon dioxide from the atmosphere. OAE also has the potential to mitigate ocean acidification, which has been worsening globally due to climate change, and has threatened marine life and industries in places like Washington State.

There is significant interest in pursuing OAE off the coast of Washington state. This paper examines the legal framework for OAE projects in Washington State. As we explain, OAE projects conducted in near-shore areas …

Legal Research Skills: An Australian Law Guide, University Of Queensland, James Cook University, University Of Southern Queensland, Charles Darwin University, Southern Cross University, Queensland University Of Technology, Deakin University, University Of South Australia, Kate Strong, University Of Tasmania, The Australian National University

Research outputs 2022 to 2026

Updated in 2025, this edition of the guide is designed to support students undertaking Australian legal studies and contribute to the development of research skills in Australian law schools. An exciting feature of this edition includes a brand new chapter on Legal Research using Generative Artificial Intelligence (Gen AI).

Masthead - Cardozo International & Comparative Law Review, Vol. 8 (2025)

Cardozo International & Comparative Law Review

No abstract provided.

Anticolonial Rights Advocacy, Christopher M. Roberts, Michelle M. Ong

Cardozo International & Comparative Law Review

It is often asserted that human rights discourse and practice principally originated following the Second World War, or as late as the 1970s, and that human rights claims are inherently Western and liberal. None of these assertions are true. In fact, both rights-based critiques and rights claims were frequently articulated prior to the Second World War. They were articulated not only by Western liberals, but also by anticolonial advocates from every part of the world. This article explores anticolonial rights claims advanced between the end of the First World War and 1930. Rights claims were extensively made by numerous groups …

On Emerging Technologies: The Old Regime And The Proactivity, Ran Xi

Cardozo International & Comparative Law Review

Nowadays, emerging technologies are revolutionizing nearly every facet of human life, shaping legal, cultural, political, and technological landscapes. Despite various breakthroughs, emerging technologies have also brought to society legal and regulatory challenges, such as the pacing problem, regulatory silos, and the black box issue. However, existing state-centric regulation on emerging technologies results in fragmented, inconsistent, and ineffective statutes and policies. The traditional regulatory regime, due to its reactive mindset, incremental approaches, and tools of modest efficacy, fails to mitigate associated risks and harms, sometimes even impeding technological innovation. To tackle this dilemma, this Article proposes a proactive law approach with …

Prosecutorial Independence Regained? Mixing The Continental And Anglo-American Styles In South Korea, Neil Chisholm

Cardozo International & Comparative Law Review

The article examines the challenges of achieving prosecutorial independence in South Korea, highlighting the tension between Continental European and Anglo-American models. It explores the reforms aimed at addressing these challenges, including the creation of the Corruption Investigation Office for High-Ranking Officials (CIO) and the decentralization of investigative powers. While these reforms reflect an effort to balance bureaucratic and democratic accountability, concerns persist about politicization, hierarchical control, and the effectiveness of new institutions. The article argues that the success of these reforms depends on structural changes and the ability of new agencies to operate independently.

Masthead - Cardozo International & Comparative Law Review, Vol. 9 (2025-26)

Cardozo International & Comparative Law Review

No abstract provided.

Measuring Location-Specific Rents, David Elkins

Cardozo International & Comparative Law Review

No abstract provided.

Enforcing International Humanitarian Law Through The Business Responsibility To Respect Human Rights, Tara Van Ho

Cardozo International & Comparative Law Review

Insulation produced by the Danish company Rockwool or its Russian subsidiary lines thirty-one Russian Navy warships. Though not a weapon, this material is essential to the vessels' operation. Did Rockwool have a responsibility under international law to stop the transfer of the insulation to the Russian Navy before Russia's 2022 invasion of Ukraine? This article examines the business responsibilities under the 2011 United Nations Guiding Principles on Business and Human Rights ("UNGPs'). In doing so, the article finds that the business responsibility to respect human rights in the UNGPs provides a strong mechanism for enforcing international humanitarian law ("IHL'). However, …

Information Governance In China: Data, Power, And The Law, Yuping Lin

Cardozo International & Comparative Law Review

Information is central to governance. In China, the State controls information, such as GDP data, to guide policy and shape political narratives. Given the importance of information, relevant parties, such as central and local governments, tend to monopolize its production and dissemination. This monopoly leads to the prolferation of misinformation, which not only undermines the governance but also affects public trust in the State. To address this problem, the first step is to understand the logic behind misinformation generation, followed by identifyingpotential solutions. This article traces the history ofmisinformation production through the lens of the principal-agent tension between central and …

Book Review Of “Nuclear Weapons And International Law: Existential Risks Of Nuclear War And Deterrence Through A Legal Lens”, By Professor Charles J. Moxley Jr., John Kierulf

Cardozo International & Comparative Law Review

No abstract provided.

Table Of Contents, Cardozo Arts & Entertainment Law Journal, Vol. 43, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Case For A New International Instrument On Copyright Limitations And Exceptions, Faith O. Majekolagbe

Cardozo Arts & Entertainment Law Journal

A new international instrument on copyright limitations and exceptions (L&Es) is pertinent to fostering education and research and enhancing the work of educational, research, and cultural institutions, including libraries, archives, and museums. The existing international instrument on L&Es, the Marrakesh Treaty, sits alone amongst many international copyright instruments for the protection of rightsholders, the Marrakesh Treaty only covering exceptions for print-disabled persons. There is currently no international obligation on countries to guarantee the interests of copyright users in education and research through a set of copyright limitations and exceptions. This has signficant negative effects on access to education and research …

Table Of Contents, Cardozo Arts & Entertainment Law Journal, Vol. 43, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Empowering Digital Consent: A Risk-Focused Due Diligence Tool, Bar Fargon Mizrahi

Cardozo Arts & Entertainment Law Journal

We live in an era of almost infinite digital interactions, many of which involve risks to our rights stemming from various problematic practices, such as data-protection infringements, user profiling, and consumer protection violations. Currently, the protection of digital consumers against these risks rests primarily on a "notice-and-consent" regulatory model-users are legally presumed to have consented to the terms of service (ToS) and privacy policy agreements (PPAs) of the digital services they use. In reality, despite the gravity of the risks involved, users routinely fail to study these binding agreements. Thus, it is widely accepted that this model is ineffective at …