Law Commons^™

Modes Of Liability For Ai-Enabled Crimes In International Criminal Law, Antonio Coco

International Law Studies

As artificial intelligence (AI) technologies become increasingly embedded in human activity, the question of individual accountability for AI-enabled international crimes grows more pressing. This article examines how established doctrines of individual criminal responsibility under international criminal law—particularly the modes of liability recognized in the Statute of the International Criminal Court and in the jurisprudence of international criminal tribunals—may be applied to human actors who interact with AI systems in the commission of core international crimes. Through four hypothetical scenarios, the article explores varying forms of human involvement—from programming to deployment—and assesses whether existing modes of liability, such as perpetration, instigation, …

Elite Bankruptcy, Laura N. Coordes

BYU Law Review

“The influence of bankruptcy lawyers over bankruptcy law seems almost inevitable.” —David Skeel

In Debt’s Dominion, David Skeel wrote that bankruptcy professionals have played a key role in shaping U.S. bankruptcy law. He predicted that these professionals would continue to shape the bankruptcy process long into the future. Today, we can see that Skeel’s prediction has come true. Although Congress has yet to overhaul the Bankruptcy Code, bankruptcy professionals have succeeded in their own form of overhaul by creating what this Essay calls “elite bankruptcy:” a type of bankruptcy accessible only to the rich and powerful. Elite bankruptcy is practiced …

Burns (Gregory) V. Eighth Judicial Dist. Ct. (Doe) (Civil), 142 Nev. Adv. Op. 8 (Jan. 29, 2026), Charnel Gibson

Nevada Supreme Court Summaries

The Nevada Supreme Court adopted a balancing test for pseudonymous civil cases. Because the sexual-assault plaintiff’s privacy outweighed any prejudice and the public interest, the Court denied mandamus relief.

Moore Vs. Primadonna Co., Llc, 142 Nev. Adv. Op. No. 6. (Jan. 29, 2026), Collin Faught

Nevada Supreme Court Summaries

THE COURT HELD THAT A PLAINTIFF INJURED AT A SELF-SERVICE BUSINESS NEED NOT SHOW THE TASK WAS TRADITIONALLY PERFORMED BY EMPLOYEES TO INVOKE MODE-OF-OPERATION LIABILITY.

North River Ins. Co. Vs. James River Ins. Co. (Nrap 5), 123 Nev. Adv. Op. 45 (Jan. 29, 2026), Bowen Fuller

Nevada Supreme Court Summaries

Equitable subrogation allows excess insurers who contributed to a settlement to assert any claim against a primary insurer that the insured could have asserted.

Williams V. The Second Judicial District Court Of The State Of Nevada, 142 Nev. Adv. Op. 5 (Jan. 29, 2026), Kaleigh Evanchak

Nevada Supreme Court Summaries

The Nevada Supreme Court may reassign a district judge in a criminal case to preserve fairness and the presumption of innocence, even if the judge will not be disqualified for judicial bias.

Environmental Litigation In The Trumpa Era, Public Interest Law Students Association (Pilsa)

2025–2026 Flyers

Join us for a conversation about the current state of climate litigation in the US.

Land Purchase Ledger, John Coffee

Letters and Manuscripts

John Coffee's early Florence, Alabama land sell ledger.

(Re)Individualizing Criminal Law, Itay Ravid

Faculty Publications

Criminal law purports to care about the individual culpability of those committing crimes. Individual mental states or defenses based on one’s beliefs are considered foundational to moral responsibility and criminal conviction. The expansion of algorithmic risk assessment tools in the criminal legal system, however, threatens these principles, changing the criminal law subject from an autonomous individual to merely a predicted object. This Article argues that risk assessment tools—now functioning as gatekeepers at both the entry and exit stages of the criminal process, from predictive policing to compassionate release eligibility—have shifted the criminal system away from its foundation in individual culpability. …

Top Documenting Mistakes To Avoid: Reduce Your Risk Of A Malpractice Case, Jeff Spindler Mda Ifg, Lynda Farnen Jd

The Journal of the Michigan Dental Association

This month’s cover story addresses the critical importance of accurate patient records in reducing the risk of malpractice suits and Board of Dentistry discipline. It identifies common documenting errors, such as charting only abnormal findings, failing to identify the specific treatment provider, and omitting treatment discussions or drug administration details. The authors emphasize that documentation is a team-wide responsibility and offer guidance on correcting errors and adhering to record retention requirements.

Annual Rev. Dr. Martin Luther King, Jr. Celebration Lecture 01-28-2026, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Finding Debtor’S Counsel, Anthony Casey, Emma Lotts

BYU Law Review

In this Essay, we explore the question of how to assess the independence of debtor’s counsel in Chapter 11. The question has arisen in recent high-profile bankruptcy cases, attracting renewed attention from commentators. We examine these cases and revisit the unique role that debtor’s counsel serves.

From this analysis, a few guiding principles emerge for determining independence and managing conflicts that may arise. First, consistent with the rules outside of bankruptcy, sophisticated parties are capable of waiving conflicts and should be free to do so when their interests alone are affected by the conflict. Second, the possibility of conflicts—both real …

Bauer Lecture 2026, Cardozo Law Review

2025–2026 Flyers

Join us for a keynote address by Michael Waldman, President and CEO of the Brennan Center for Justice at NYU School of Law. A nonpartisan law and policy institute that focuses on improving systems  of democracy and justice, the Brennan Center is a leading national voice on voting rights, money in politics, criminal justice reform and constitutional law.

Welcome Back Spring 2026 : Hot Cocoa Party, Cardozo Office Of Student Services & Advising

2025–2026 Flyers

Join us to celebrate the start of the semester !

Hot cocoa and all the fix-ins and surprise treats

Documenting Atrocity: Medicine, Law And Accountability In Conflict Zones, Public Interest Law Students Association (Pilsa), Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

2025–2026 Flyers

Join us for a discussion  on how doctors, NGOs, and lawyers collaborate to document human rights violations experienced by survivors in conflict zones, and how medical documentation is used for asylum proceedings, advocacy and accountability efforts.

What Motivates Selectors To Pick A Woman Justice?, Maria C. Escobar-Lemmon, Alice J. Kang, Miki Caul Kittilson, Shan-Jan Sarah Liu

ConLawNOW

This article examines increases in women’s appointment to high courts around the world. It builds on research suggesting that movement by countries to appoint the first women to important benches often influenced neighboring countries. The same authors here look at the related feature that women in advanced industrial countries are appointed to constitutional and supreme courts sooner when subject to electoral pressure. They suggest that electoral pressure is not defined by the left-right ideological spectrum, but rather depends on a more specific support for gender equality.

“The Monster That Ate Jurisprudence”: The Misfire Of Civil Rico In Third-Party Payor Recovery, Jillian Rae Bloom

University of Miami Business Law Review

A law created to dismantle organized crime is now being misused to target pharmaceutical companies. The Racketeer Influenced and Corrupt Organizations Act (RICO), originally intended to combat criminal enterprises, has since expanded far beyond its intended purpose. Third-party payors (TTPs), such as health insurers, have increasingly relied on RICO to sue pharmaceutical companies for deceptive marketing practices that allegedly cause significant financial harm. While it is important to hold pharmaceutical companies accountable for their fraudulent conduct, applying RICO in these cases represents a troublesome overreach. The link between the alleged fraud and TPPs alleged harm is too attenuated to meet …

Tracing The Truth: Strengthening U.S. Food Traceability With Lessons From The Eur. Union, Carolina Gomez

University of Miami Business Law Review

The United States (U.S.) has made significant progress in improving food traceability, with the FDA’s Final Food Traceability Rule set to take effect in 2026. This long-overdue regulation aims to improve outbreak response and better protect public health. However, major gaps in the U.S. traceability system remain, leaving consumers exposed to preventable foodborne illness outbreaks. Legislative challenges, including H.R. Bill 7563 and provisions in the Fiscal Year 2025 Agriculture Appropriations bill, threaten to delay or weaken these necessary reforms. Compounding these challenges, on August 7, 2025, the FDA proposed extending the compliance deadline for the rule by 30 months, to …

Front Matter And Table Of Contents

University of Miami Business Law Review

No abstract provided.

Mental Health And Conflicts: A Handbook For Empowerment, Dan Berstein

DRI Press

Mental health needs are universal. About half of us will end up having a diagnosable mental health issue at some point during our lives, and we all know what it is like to have a bad day. We also understand conflicts are hard and they often bring out the worst in us. There are simple ways to be ready for when mental health needs arise during conflicts. This handbook introduces different mental health perspectives, dispels common stereotypes, and provides tools for empowering mental health communication. This book is designed to help laypeople as well as professionals across all kinds of …

Consumers, Laborers, And Antitrust, Oh My! Why Labor Considerations Should Be Examined In Antitrust Law Through The Lens Of U.S. V. Bertelsmann Se & Co. Kgaa, Jodi Nicole Kain

University of Miami Business Law Review

Imagine the disappointing feeling of walking into a bookstore and finding shelves filled with only a narrow and non-diverse selection of titles. This feeling nearly became a reality when the Department of Justice (“DOJ”) won an action blocking a proposed merger between mega publishing houses Penguin Random House and Simon & Schuster in the case United States v. Bertelsmann SE & Co. KGaA (2021) (“Bertelsmann”). The DOJ claimed that the merger would harm consumers by reducing the diversity of books available and directly harm authors—the creative labor force—by limiting competition for publishing deals and suppressing their compensation. For the first …

Reliance, Misplaced: Restoring The Text Of The Antifraud Provisions Of The Federal Securities Laws In Sec Enforcement Actions, Christopher R. Mills

University of Miami Business Law Review

The antifraud provisions of the federal securities laws are statutory sledgehammers. Those who violate them can face severe sanctions, including ruinous monetary penalties and others that can effectively bar firms and individuals from the securities industries. The Securities and Exchange Commission is authorized to enforce these provisions with the full weight of the federal government. And the SEC does so vigorously.

Even though the antifraud provisions target fraud, for decades lower courts and the Commission have held that the Commission can establish violations of them without any evidence that anyone was misled. They have done so by concluding that, unlike …

Land Use And Sovereignty Along The Catawba River, Thomas C. Brugh, Lucile C. Rencher

Student Scholarship

This document-based case study explains how land-use change along the Catawba River Corridor (Lancaster and York Counties, South Carolina) has been produced through the interaction of property rights (dominium) and rule-setting authority (imperium), showing why sovereignty continues to shape development even after land disputes appear “settled.” Through analyzing legal records (Treaty of Nation Ford, the 1959 Catawba Division of Assets Act, the 1986 Supreme Court timing decision, and the 1993 Settlement Act), planning documents, parcel records, and field observations, we trace how shifting jurisdiction and title certainty structured what kinds of land uses were possible and when. We argue that …

Volunteer Income Tax Assistance Program Offering Free Tax Assistance Through March 24, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Qualifying local taxpayers will again have help navigating federal and state tax returns this spring, as the Volunteer Income Tax Assistance (VITA) program returns to the Indiana University Maurer School of Law.

Both U.S. and certain international taxpayers are eligible to utilize the free services, which will run on Mondays and Tuesdays from 6:30–9:30 p.m. beginning January 26 and continuing through March 24. Services will be available on a first-come, first-served basis in Room 121 on the first floor of the Law School, located at 211 South Indiana Avenue in Bloomington.

Derivative Attorney-Client Privilege In Organizations, Douglas R. Richmond

University of Miami Business Law Review

A lawyer and client must be able to communicate about the client’s legal affairs in confidence for the lawyer to be able to meaningfully advise the client, hence courts’ recognition of the attorney-client privilege. Fundamentally, the very term “attorney-client privilege” seemingly requires a lawyer’s participation in a communication for the privilege to attach. But, in fact, lawyers need not always participate in client communications for the attorney-client privilege to shield the communications from discovery. Clients or their employees’ confidential conversations among themselves with respect to legal matters sometimes deserve privilege protection. This derivative application of the privilege can be crucial …

Bankruptcy Judging After Williamson, Vincent S.J. Buccola

BYU Law Review

This Essay asks how bankruptcy judges ought to orient their substantial, statutory discretion in business reorganization cases. The motivating observation is that bankruptcy law enacts a kind of forced integration of productive assets. To shed light on the contemporary problems that bankruptcy judges face, I thus look to two classic approaches to the economic theory of the firm—from Oliver Williamson and from Oliver Hart. I conclude that nonjudicial institutions have largely surmounted the problems to which their theories point, leaving a different, and probably narrower, set of issues to worry about. Bankruptcy judges who have a notion that their job …

Different Tactics, Same Goal: Protecting Trans Rights In Challenging Times, Public Interest Law Students Association (Pilsa)

2025–2026 Flyers

Join us for a discussion examining how advocates are fighting to protect transgender rights through diverse strategic approaches..

Los Sistemas De Apoyo Para Personas Indígenas Con Discapacidad Como Garantía De Derechos Lingüísticos Y Justicia Epistémica En México, Antonio R. Uc Galera

Journal of Maya Heritage

La derogación formal de la figura de interdicción consagrada en los Códigos Civiles Sustantivos y la implementación de figuras jurídicas novedosas como sistemas de apoyo y personas, representa de los avances más trascendentes en materia de discapacidad. Su aplicación legislativa impacta a las personas de las Comunidades Indígenas con discapacidad como garantía de derechos sus lingüísticos, ya que estas nuevas figuras jurídicas en materia civil brindan herramientas de comunicación, apoyos cognitivos y de comprensión, incluyendo lectura fácil, implementación de traductores, instrumentos que apoyan la movilidad, entre otros, según las necesidades de la persona en particular. Este artículo propone un análisis …

The Indispensable Role Of The Sister Disability Agencies: Safeguarding Progress And Enhancing Outcomes Through Collaboration, Lesley Cottrell, Susan Given, Christina E. Wiseman

Developmental Disabilities Network Journal

This manuscript emphasizes the critical importance of having a Disability Network of services—including University Centers for Excellence in Developmental Disabilities (UCEDDs), State Councils on Developmental Disabilities, and Protection & Advocacy organizations - in promoting systemic innovation and improved outcomes for individuals with developmental disabilities. Highlighting a case study from West Virginia, where collaboration between West Virginia University’s Center for Excellence in Disabilities, Disability Rights of West Virginia, and the West Virginia Developmental Disabilities Council has resulted in cost-effective, sustainable improvements, this paper underscores the urgent need to protect and expand these programs amidst current policy threats. The evidence underscores that …

Training On "Learn The Signs. Act Early." In Head Start And Early Head Start Shows Ineffective Without Supporting Implementation Policy, Kayla Livingston, Mary O'Donnell, Kate G. Barlow

Developmental Disabilities Network Journal

Early identification and intervention for children with developmental delays improves child outcomes, yet many children are not monitored, screened, or identified early despite its effectiveness. The relationship between the use of the Centers for Disease Control and Prevention’s “Learn the Signs. Act Early.” developmental monitoring program and referrals to intervention services is not well understood. This study investigated how “Learn the Signs. Act Early.” implementation practices within Massachusetts’ Head Start and Early Head Start agencies correlated with the rate of referrals to intervention services. Researchers utilized a non-experimental quantitative design. Secondary data on referral rates from Head Start and Early …