Law Commons^™

Borders That Bend, César Cuauhtémoc García Hernández

University of Chicago Legal Forum

Borders do not exist. They are made and remade. At every step, the law creates, moves, reforms, reproduces, and reinforces the border. Focusing on the boundary that México and the United States share, this essay critiques the U.S. Supreme Court’s privileging of the sovereign prerogative to control access to the nation’s territory. In their efforts to control movement across and near the border, legal doctrine permits Executive officials to deviate from ordinary legal constraints on the use of violence. This creates a modern version of the sovereign that Carl Schmitt described a century ago: extra-constitutional in origin and subject to …

Deploying Trustworthy Ai In The Courtroom: Lessons From Examining Algorithm Bias In Redistricting Ai, Wendy K. Tam Cho, Bruce E. Cain

University of Chicago Legal Forum

Deploying trustworthy AI is an increasingly pressing and common concern. In a court of law, the challenges are exacerbated by the confluence of a general lack of expertise in the judiciary and the rapid speed of technological advancement. We discuss the obstacles to trustworthy AI in the courtroom through a discussion that focuses on the legal landscape surrounding electoral redistricting. We focus on two particular issues, data bias and a lack of domain knowledge, and discuss how they may lead to problematic legal decisions. We conclude with a discussion of the separate but complementary roles of technology and human deliberation. …

A New Global Corporate Regulatory Power?: Market Entry As The Basis For Prescriptive Jurisdiction, Rachel Brewster

University of Chicago Legal Forum

The rules of international economic law are changing. In a range of areas, governments are asserting that if a multinational firm touches the state’s market, the state can claim the authority to regulate the firm everywhere. This departure from multilateral economic coordination and towards more unilateral regulatory power over firms’ global operations represents an important shift in international economic policy. We have entered an era where governments are embracing more unilateral tools to resist foreign economic influence and reinvigorating national industrial policies. This Article examines the political dynamics that lead states to use access to their national markets as the …

The Gravity Of Legal Diffusion, Anu Bradford, Adam Chilton, Katerina Linos

University of Chicago Legal Forum

A persistent empirical finding is that bilateral trade between two countries is proportional to the size of their economies and inversely proportional to their geographic distance. We hypothesize that a similar pattern is likely to hold for the diffusion of laws. We specifically argue that countries’ propensity to update their laws to converge with the leading regulator in a given policy area is likely to be proportional to the size of their economies and inversely proportional to their geographic distance. We then empirically test this theory in the area of antitrust and assess countries’ convergence to the world’s leading antitrust …

Dividing The Body Politic, James A. Gardner

University of Chicago Legal Forum

It has long been assumed in large, modern, democratic states that the successful practice of democratic politics requires some kind of internal division of the polity into subunits. In the United States, the appropriate methods and justifications for doing so have long been deeply and inconclusively contested. One reason for the intractability of these disputes is that American practices of political self-division are rooted in, and have been largely carried forward from, premodern practices that rested originally on overtly illiberal assumptions and justifications that are difficult or impossible to square with contemporary commitments to philosophical liberalism.

The possibility of sorting …

Zero-Option Defendants: United States V. Mclellan And The Judiciary's Role In Protecting The Right To Compulsory Process, Wisdom U. Onwuchekwa-Banogu

JCLC Online

How does one obtain evidence located outside the United States for a criminal trial? For prosecutors, the answer is an exclusive treaty process: Mutual Legal Assistance Treaties (MLATs). Defendants, on the other hand, may only use an unpredictable, ineffective, non-treaty process: letters rogatory. The result is a selective advantage for law enforcement at the expense of the defendant. Though this imbalance necessarily raises Sixth Amendment Compulsory Process Clause concerns, MLATs have remained largely undisturbed because defendants still have some form of process, albeit a lesser one. But what happens when the letters rogatory process is also closed off to the …

Confronting Legacies Of Indigenous Injustice: Lessons From Sweden, Sara L. Ochs

Seton Hall Law Review

No abstract provided.

The Only Ten I See: Why Congress Should Follow Tennessee’S Lead And Pass Nil Legislation Allowing Collectives To Work Directly With Schools, James Finnegan

Seton Hall Law Review

No abstract provided.

U.S. District Judge Ronnie Abrams To Be Keynote Speaker At Cardozo’S 46th Commencement, Benjamin N. Cardozo School Of Law

Cardozo News 2024

The Hon. Ronnie Abrams, U.S. District judge for the Southern District of New York, will deliver the commencement address for the Benjamin N. Cardozo School of Law's 46th graduation ceremony at Lincoln Center in June.

A Post-Dobbs Future: Bailing Water Downstream To Center Democracy’S Children, Charisa Smith

Seton Hall Law Review

No abstract provided.

Legal Research And The Declining Usefulness Of Google Search, Olivia Smith Schlinck

Library Staff Online Writings

A new year-long study on internet search engine results has rocked the librarian and information worlds: yes, Google really is getting worse.

Consideration Of Ameliorative Measures In International Child Abduction Cases Post-Golan, Stephanie L. Tang

Seton Hall Law Review

No abstract provided.

Solitary Confinement In Sheep’S Clothing: The Unlawfulness Of Medical Isolation Protocols During The Covid-19 Pandemic In American Prisons, Alexandra Franchino

Seton Hall Law Review

No abstract provided.

A Blurry Lens: Assessing The Complicated Legal Landscape Of Biometric Privacy Through The Perspective Of Mobile Apps, Mackenzie K. Mendolla

Seton Hall Law Review

No abstract provided.

“Resulting From” Unclear Language: Why Congress Must Amend The Anti-Kickback Statute To Clarify Its Intent To Hold Violators Accountable And Recover Fraud-Based Payments, Lauren Rutkowski

Seton Hall Law Review

No abstract provided.

Vol. 66, No. 02 (January 22, 2024)

Indiana Law Annotated

No abstract provided.

Mmu: 01/22/24–01/28/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Legal Remedies To Collective Trauma In Northern Ireland, Katherine S. Thomas

Duke Journal of Comparative & International Law

How can a country legally address collective trauma? Northern Ireland faced this daunting question in 1998, when the signing of the Good Friday Agreement heralded the end of decades of sectarian violence known as the Troubles. More than two decades later, the social and economic damage of the Troubles lingers. Years of piecemeal reconciliation efforts have proved controversial and yielded inconsistent results. The "truth" of the Troubles remains a divisive issue, and the question of how Northern Ireland can achieve lasting reconciliation still looms. This Note offers an up-to-date review of transitional justice efforts in Northern Ireland and the ongoing …

Hot Cocoa Party, Cardozo Office Of Student Services & Advising

2023–2024 Flyers

No abstract provided.

Journal Staff

Duke Journal of Comparative & International Law

No abstract provided.

How To Destroy The Liberal International Order, Bryan H. Druzin

Duke Journal of Comparative & International Law

This Article argues that a policy of containment directed at China could have disastrous consequences on the stability of the global system. The liberal international order, created to promote international coordination and structure global trade, comprises key institutions such as the United Nations, the World Trade Organization, the International Monetary Fund, and the World Bank. It is possible that much of the strength of these institutions stems from the fact that nations are "locked" into them simply because they are the only game in town. Put another way, the liberal order is, for lack of a better word, a "monopoly." …

Made In China, Sued In The U.S.: The Exploitation Of Civil Procedure In Cross-Border E-Commerce Trademark Infringement Cases, Lei Zhu

Duke Journal of Comparative & International Law

During the period of economic resurgence after the subprime mortgage crisis, China became a manufacturing powerhouse, with Amazon playing a pivotal role. Amazon's attractive policies lured Chinese e-commerce sellers to its platform, subsequently drawing many more customers with their competitive pricing. This surge, however, also invited Chinese counterfeiters onto Amazon's platform. Major brands responded by suing those counterfeit sellers for trademark infringement. As most Chinese sellers failed to attend trials, these cases almost always resulted in uncontested wins for the brands, thereby granting them access to the sellers' financial accounts as a means to satisfy the damage claimed. Many U.S. …

Uncharted Waters: Should International Maritime Terrorism Be Included In The Jurisdiction Of The International Criminal Court?, Juan-Pablo Perez-Leon-Acevedo, Giorgi Chakhvadze

Duke Journal of Comparative & International Law

The International Criminal Court (ICC) lacks jurisdiction over international terrorism. Despite related academic literature, no academic publication discusses whether the ICC should have jurisdiction over international maritime terrorism. This deserves attention due to the increasing importance of this global phenomenon in the last few decades. Consequently, this Article considers whether international maritime terrorism should be included in the ICC’s jurisdiction. First, it discusses international maritime terrorism as a manifestation of the emerging international crime of international terrorism, examining i) whether there is an accepted or an emerging legal definition of international maritime terrorism, ii) whether international maritime terrorism is a …

Table Of Contents - Vol. 54, No. 3 2024

Seton Hall Law Review

No abstract provided.

Board Of Officers - Vol. 54, No. 3 2024

Seton Hall Law Review

No abstract provided.

Ndls Communicator: Week Of 01.22.24, Notre Dame Law School

NDLS Communicator

The Latest News

• U.S. Supreme Court Justice Amy Coney Barrett and Israel Supreme Court Justice Alex Stein to speak at Notre Dame Law School
• Professor Carter Snead featured speaker at the most important Science, Technology, and Innovation Conference in Latin America
• Derek Muller has published a new paper, "Ideological Leanings in Likely Pro Bono Biglaw Amicus Briefs in the United States Supreme Court" in the Harvard Journal of Law and Public Policy.
• Rick Garnett filed an amicus brief in the 9th Circuit for Bates v. Pakseresht. The brief argues that Oregon DHS violated the plaintiff's First Amendment rights by denying …

Technology In Real Practice Systems, John Lande

Faculty Blogs

This post uses the RPS mediation checklists to illustrate practitioners’ great reliance on technology.

The Second Founding And Self-Incrimination, William M. Carter Jr.

Northwestern University Law Review

The privilege against self-incrimination is one of the most fundamental constitutional rights. Protection against coerced or involuntary self-incrimination safeguards individual dignity and autonomy, preserves the nature of our adversary system of justice, helps to deter abusive police practices, and enhances the likelihood that confessions will be truthful and reliable. Rooted in the common law, the privilege against self-incrimination is guaranteed by the Fifth Amendment’s Self-Incrimination and Due Process Clauses. Although the Supreme Court’s self-incrimination cases have examined the privilege’s historical roots in British and early American common law, the Court’s jurisprudence has overlooked an important source of historical evidence: the …

The Unwritten Norms Of Civil Procedure, Diego A. Zambrano

Northwestern University Law Review

The rules of civil procedure depend on norms and conventions that control their application. Civil procedure is a famously rule-based field centered on textual commands in the form of the Federal Rules of Civil Procedure (FRCP). There are over eighty rules, hundreds of local judge-made rules, due process doctrines, and statutory rules, too. But written rules are overrated. Deep down, proceduralists know that the application of written rules hinges on broader norms that animate them, expand or constrain them, and even empower judges to ignore them. Unlike the FRCP and related doctrines, these procedural norms are unwritten, sociological, flexible, and …

Law School News: From The Community, For The Community 1/21/24, Suzi Morales, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.