Law Commons^™

Am I Walking Straight? Gait, The New Frontier Of Biometric Identification, Ruhi Anand Finn

Women+ in Early Career Research Symposium

Extended Reality (XR) is an umbrella term that integrates Virtual, Mixed and Augmented Realities. Each modality presents new forms of digital experiences, offering unique opportunities, benefits and risks. Additionally, newer iterations of XR leverage Artificial Intelligence (AI) to enhance numerous applications. This enhancemen is sustained through new levels and contexts of data capture, including continuous biometric data collection (gaze, face and gait) and incidental bystander capture. This paper investigates the implications of XR technologies on data privacy, and the need for considerations of collective social privacy. The paper argues that, given the very narrow definition and categorization of biometric data …

Capital Punishment And Domestic Terrorism: Reconsidering Domestic Terrorism As An Aggravating Factor, Josh B. Starner

Criminal Law Society Blog

Federal law permits the death penalty when an individual commits an offense after substantial planning to cause death or commit terrorism. Yet the ambiguity surrounding the term “terrorism,” particularly in domestic contexts, complicates the application of the federal statute. This Article argues that invoking the terrorism aggravating factor in domestic cases undermines the justifications for capital punishment and risks inconsistent enforcement. Drawing on recent examples, including the prosecution of Luigi Mangione and the deaths of Renee Good and Alex Pretti by ICE officials, this Article illustrates how the “domestic terrorist” label can cause harsh prosecutorial discretion, intensify political polarization, and …

From The Editor In Chief, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

Welcome to the Spring 2026 issue of Parameters, which consists of an In Focus special commentary, three forums (Clausewitz and Modern Warfare, Operational Considerations, and Historical Studies), and the Strategic Competition Corner.

Strategic Rivalries: How Are They Won?, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

This article argues strategic rivalries—distinct from general strategic competition—are best understood as contests in which states prioritize weakening a specific opponent’s capacity to compete. It departs from existing work by critiquing the Joint Concept for Competing’s narrow definition and by emphasizing rivalry termination as a central but understudied dimension. Drawing on decades of international relations scholarship and historical datasets of interstate rivalries since 1815, the article analyzes how rivalries end and identifies strategic preclusion as a proactive approach for winning them. Its insights offer policy and military practitioners guidance for shaping competitive strategies short of war.

Asarco Delenda Est, John M. Greabe

Law Faculty Scholarship

ASARCO Inc. v. Kadish is the most important Supreme Court decision addressing the adjudication in state courts of federal claims that Article III’s case-or-controversy requirements would bar lower federal courts from hearing. But there are two serious problems with the reasoning of ASARCO: one involving an error of omission and the other an error of commission. ASARCO’s error of omission is its apparent assumption that a party barred from asserting a federal claim in federal court because of a lack of redressable Article III injury caused by the conduct complained of should face no barriers to obtaining relief on the …

Parameters Spring 2026, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Approaching The Military As A Profession Through The Clausewitzian Trinity, Adam T. Biggs

The US Army War College Quarterly: Parameters

The Clausewitzian trinity (people, government, and military—or passion, reason, and chance) can enhance existing scholarship and discussions about military professionalism by emphasizing the fundamental purpose of military forces. Specifically, managing chance incorporates elements of reducing uncertainty and applying creativity as individuals develop coup d’oeil. Junior personnel manage chance by reducing cognitive load while enhancing cognitive skills needed to quickly assess battlefield conditions as they progress to becoming senior leaders. This article contrasts these ideas against the various roles assigned to civil-military forces in the Clausewitzian trinity to emphasize professionalism in developing military leaders.

Cardozo Journal Of Equal Rights & Social Justice 2026 Symposium: Executive Overreach: Evaluating The Unitary Executive Theory & The Doj, Cardozo Journal Of Equal Rights And Social Justice, Benjamin N. Cardozo School Of Law, Wilfred U. Codrington Iii, Jessica A. Roth, Ashraf Ahmed, Evan T. Barr, Haiyun Damon-Feng, Nathaniel Donahue, Rebecca Roiphe, Harry Sandick, Peter M. Shane, Jocelyn Simonson

2026 Event Invitations

Please join us in the Third Floor Lounge for "Executive Overreach: Evaluating the Unitary Executive Theory & The DOJ," where we will discuss legal theories surrounding the Presidency, including upcoming decisions like Trump v. Slaughter and the continuing relevance of Humphrey's Executor. Additionally, we will discuss current events at the DOJ, specifically surrounding vindictive and selective prosecution and Presidential control over the DOJ. A breakfast reception will begin at 9:30, and a lunch reception will occur after the event.

Strategic Theory And Clausewitz’S Trinitarian Test, Lukas Milevski

The US Army War College Quarterly: Parameters

Carl von Clausewitz’s trinity represents a qualitative test for strategy in both theory and practice. With the trinity, Clausewitz transforms competing influences into a mark of theoretical quality. Synthesizing several translations of Clausewitz’s On War and interpretations by experts such as Hew Strachan, Antulio J. Echevarria II, and Frank G. Hoffman, this article suggests that Clausewitz believed that good theory encompasses and accounts for all fundamental forces of war, whereas bad theory emphasizes the extremes of one force. The trinity compels mandatory considerations for students of theory, war planners, and practitioners.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Spezialpropaganda: The East German Military’S Covert Information-Warfare Program, Joe Cheravitch

The US Army War College Quarterly: Parameters

This article details the East German military’s extensive, innovative covert-propaganda program, which was designed to influence West German attitudes for almost two decades during the Cold War. Unlike existing scholarship that primarily addresses intelligence-led disinformation, this study exclusively analyzes military-led information warfare. The article uses previously classified East German military records to examine capabilities and tactics ranging from fake conscription notices to radio broadcasts. The findings offer contemporary US military planners and practitioners insight into the complexities of integrating information-warfare capabilities, measuring the effectiveness of propaganda, and understanding adversarial influence campaigns, with direct implications for current Joint Force planning and …

Imitating Us Doctrine Cost Europe Its Heavy Combat Power, Bence Nemeth

The US Army War College Quarterly: Parameters

This article argues that Europe’s loss of heavy combat power is primarily the result of doctrinal shifts influenced by the United States, rather than underfunding alone. Unlike existing research that focuses on defense budgets or burden-sharing, this study isolates the opportunity costs of adopting US-based expeditionary and counterinsurgency doctrines. Using force structure data for Canada, Germany, and the United Kingdom (1990–2022), it conducts a counterfactual analysis of lost tanks, infantry fighting vehicles, and heavy artillery pieces. The article shows that Europe’s shortfalls are doctrinal as much as fiscal and highlights the relevance of maintaining balance in future doctrinal choices.

Cardozo Law News Brief: March 6, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the March 6, 2026, Cardozo Law News Brief include:

• Professor Rebecca Ingber published a piece in Just Security analyzing the legality of President Trump’s military actions against Iran and was also quoted in The New York Times and Al Jazeera on issues of international law.

• Professor Michael Pollack authored an op-ed in the New York Daily News on the future of New York City’s sidewalk dining program and spoke to The New York Times about congestion pricing being upheld in court.

• Professor Tyson-Lord Gray wrote an op-ed in The Hill examining legal challenges to new SNAP food restrictions …

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Mlsa, Blsa, Lalsa, Apalsa, Salsa And Outlaw Bring You: Happy Hour Friday, Minority Law Student Alliance (Mlsa), Black Law Students Association (Blsa), Latin American Law Students Association (Lalsa), Asian Pacific American Law Students Association (Apalsa), South Asian Law Students Association (Salsa), Cardozo Outlaw

2025–2026 Flyers

No abstract provided.

Executive Overreach: Evaluating The Unitary Executive Theory & The Doj, Cardozo Journal Of Equal Rights & Social Justice (Ersj)

2025–2026 Flyers

The Unitary Executive Theory & Multi-Member Agencies:

• Peter M. Shane, Distinguished Scholar in Residence & Adjunct Professor of Law at NYU School of Law
• Haiyun Damon-Feng, Assistant Professor of Law at Cardozo Law School
• Ashraf Ahmed, Associate Professor of Law at Columbia Law School
• Nathaniel Donahue, Golieb Fellow at NYU School of Law
• Wilfred Codrington III Walter, Floersheimer Professor of Constitutional Law

Agencies With Executive Functions: The DOJ:

• Rebecca Roiphe, Joseph Solomon Distinguished Professor of Law at New York Law School
• Jocelyn Simonson. Herman Badillo '54 Professor of Law at Brooklyn Law School
• Harry Sandick, Partner at Patterson Belknap Webb …

Tinjauan Singkat Tentang Kebijaksanaan Ekspor Januari 1982, Victor Purba

Jurnal Hukum & Pembangunan

Abstract

Segenggam Catatan Mengenai Pinjam-Meminjam Dengan Bunga Yang Diperjanjikan, H. Ruhulessin Ruhulessin

Jurnal Hukum & Pembangunan

Abstract

Peranan Badan-Badan Usaha Negara Di Indonesia, Andjar Pachta W.

Jurnal Hukum & Pembangunan

Abstract

Fakto-Faktor Yang Mempengaruhi Mengapa Banyak Orang Menyelesaikan Masalah Kewarisan Melalui Pengadilan Agama, Mura P. Hutagalung

Jurnal Hukum & Pembangunan

Abstract

Sistem Peradilan Indonesia, Subekti Subekti

Jurnal Hukum & Pembangunan

Abstract

Beberapa Catatan Mengenai Kedudukan Hukum Adat Dalam Undang-Undang Perkawian, Abdurrahman Abdurrahman

Jurnal Hukum & Pembangunan

Abstract

Kearah Undang-Undang Perseroan Yang Baru, Suatu Sumbangan Pikiran, Jusuf Anwar, Felik Oentoeng Soebagjo

Jurnal Hukum & Pembangunan

Abstract

Civil Liability Of The Lawyer For Professional Errors In Light Of Technological Developments: A Study Under Uae Legislation, Hureyya Matar Alqaydi

Thesis/ Dissertation Defenses

This study aims to examine the provisions of the legislative texts governing the civil liability of lawyers for their professional errors by clarifying the position adopted by the UAE legislator regarding professional mistakes that may be committed by a lawyer while practicing the profession considering modern technological developments, and by defining the limits, scope, and legal nature of the lawyer’s civil liability. The study also seeks to identify the nature of the obligations imposed upon the lawyer in the performance of his or her professional duties and to clarify the way damages incurred by the client because of the lawyer’s …

Kennelly V. Mid Coast And The Maine Law Court's Erroneous Ruling On The Discoverability Of Redacted Patient Info, John Blegen

Student Journal of Information Privacy Law

This paper examines a recent Maine Law Court decision, Kennelly v. Mid Coast, in which the Law Court held that the medical records of individuals not involved in a lawsuit, even when redacted of identifying materials, are protected from discovery orders in a malpractice lawsuit, where the records would be used to demonstrate a standard of care to be expected of the administering doctor. It then examines the privacy interests individuals retain in their redacted healthcare records more broadly, in part to emphasize the large variety of contexts in which this issue can come up, and also to show how …

Can Ai Fix Anti-Money Laundering? The Case For Federated Intelligence In Financial Crime Prevention, Matthias Connelly

Student Journal of Information Privacy Law

The global anti-money laundering (AML) regime is failing. Trillions of dollars are laundered each year, yet governments detect only a fraction of that activity, even as financial institutions spend hundreds of billions on compliance. In the United States, AML regulation has evolved from a retrospective, prosecution-oriented framework into an expansive, preventative regime that measures inputs rather than enforcement outcomes. Although artificial intelligence has demonstrated potential to improve detection, firm-siloed AI systems introduce substantial financial, technological, and systemic risks, including prohibitive development costs, data- privacy constraints, and market concentration among third-party service providers. This Article argues that federated learning offers a …

Friend Or Tether: How Regulation Can Cut The Strings Of Manipulative Chatbots, Steve Hammerton

Student Journal of Information Privacy Law

In the time since AI chatbots and other LLMs became widely available to the public, there has been a pattern of deaths linked to interactions with this technology. While it was settled in early 2026, Garcia v. Character Technologies serves as a case study of how AI chatbots can negatively prey on vulnerable groups in the absence of interventions to mitigate harmful AI behaviors and tragic human outcomes. There is not a singular approach to regulating the harmful effects of predatory chatbots; however, this paper advocates for a harms-based regime influenced by protections in human-subject research. In a sense, AI …

Civil Rights And The Edtech Revolution, Kirsten Mettler

Student Journal of Information Privacy Law

Education technology (EdTech) products, like grading software and plagiarism detectors, have increasingly led to concerns over discrimination issues in schools. While, in some instances, schools can be held liable under the federal education civil rights statutes for these harms, that solution is insufficient. EdTech companies should themselves be held responsible. EdTech companies have not historically been understood to fall under these federal statutes, but this Article argues these companies can appropriately be governed by these laws as “recipients” of federal financial assistance. Most EdTech companies should qualify as “recipients” of federal financial assistance under one of three theories: they are …

Foreword, Caroline Aiello

Student Journal of Information Privacy Law

Foreword

Editorial Board Vol. 4 No. 1 (2026)., Caroline Aiello Editor-In-Chief

Student Journal of Information Privacy Law

Masthead Editorial Board Vol. 2 No. 1

Preliminary Injunctions And The 2025 Montana Legislature's (Mostly Unsuccessful) Attempt To Reshape The Judiciary, Anna Conley

Montana Law Review

No abstract provided.