Law Commons^™

The Hard Law-Soft Law Nexus: Autonomous Vehicles As A Case Study, Gary Marchant, Chase Martins, Vrinda Gupta

Journal of Law and Mobility

The technology governance debate often focuses on the dichotomy of hard law versus soft law as competing models. Both hard law and soft law have their strengths and weaknesses. But framing soft law versus hard law as a dichotomous choice is often unrealistic—every technology will be governed by a mix of hard law and soft law. So, the more realistic questions are where hard law works best and where soft law succeeds, and how these two types of governance interact and integrate. After reviewing the strengths and weaknesses of hard law and soft law, this Article identifies six different hybrid …

Hardwiring Hercules?, Courtney M. Cox

Faculty Scholarship

It is time to reorient the debate over the right to a human decision. Within that debate, the strongest arguments in favor of human decisionmakers are Arguments from Explanation: AI technology is increasingly and necessarily opaque, and so machines should not replace human decisionmakers because machines cannot give the required explanations. Or so the humanist argument goes. Meanwhile, machinists argue that most humanist principles have been deflated by the Better Decision Argument, which reframes such principles as grounding not a right to a human decision, but merely to a “better” decision— whether by human or machine.

This Article turns that …

A New Frontier For An International Right With No Frontiers: Freedom Of Expression & Generative Ai Outputs, Evelyn Aswad

Faculty Articles

As people debate whether the First Amendment protects generative AI outputs, we should also reflect on what the global freedom of expression standard has to say on the matter. This standard will affect discussions around national and regional regulatory approaches to generative AI throughout the world. In addition, global corporate responsibility standards call on companies to respect international human rights in their operations, which may also impact how businesses that provide generative AI services approach their activities.

I argue that the global free expression standard protects the rights of individuals to seek and receive information of any kind, including gen …

Value Maximization In Financial Contracts, Vincent S.J. Buccola

Coase-Sandor Institute for Law & Economics Research Paper Series

This essay, adapted from the 2026 Coase Lecture, at the University of Chicago, considers the extent to which financial contracts are calibrated to maximize parties' expected joint surplus. Because capital market transactions link typically well-counseled parties who put substantial value at risk, and produce only muted externalities, it is tempting to conclude that the associated contracts will ameliorate the inevitable problems of imperfect information more or less as well as possible. This essay describes conventional grounds for thinking so and offers several criticisms. Taken together, the criticisms imply that justificatory inference from a term's use--even widespread and longstanding use--to its …

Dammed If You Do: Should The Government Be Liable For Hurricane Flooding And Other Natural Disasters?, Lior Jacob Strahilevitz

Coase-Sandor Institute for Law & Economics Research Paper Series

When hurricanes, wildfires, and other natural disasters strike, government officials must make difficult decisions under time pressure and amidst uncertainty over how best to save lives and mitigate the resulting damage to private property. Sometimes landowners who do not second-guess the appropriateness of those decisions made in exigent circumstances nonetheless insist that the government should foot the bill for the resulting destruction. In a 2025 opinion (Ablan) and a 2022 decision (Milton), both involving flooding damage resulting from Hurricane Harvey, the Federal Circuit articulated an expansive vision of government liability under the Takings Clause that can be squared with neither …

The Effects Of Tax Evasion On Inequality, David A. Weisbach, Thomas Coleman

Coase-Sandor Institute for Law & Economics Research Paper Series

To estimate inequality from tax data, researchers must allocate misreported income (e.g., evasion) to individuals. Misreported income, however, is not directly observed. Recovering true income therefore requires identifying assumptions about the joint distribution of true income and reporting, and these assumptions can substantially change estimated top income shares. A central reason is that membership in the reported top group is selected on compliance, an unobservable, so the composition of the reported top depends on assumptions the data alone cannot settle. We develop a computational framework that makes these assumptions explicit and clarifies how they shape estimates of inequality.We show that …

People's Upr Written Record, Sarah Dávila A., Lauren E. Bartlett

Faculty White Papers

No abstract provided.

Law Center Photographs Collection, University Of Alabama School Of Law

Manuscript Collections

The Law Center Photographs Collection consists of one 29 cm binder of photographic negatives of the progression of the Law Center construction project. The photographs were created by Calvin Hannah, Chief of Photographic Department for the Tuscaloosa News, and are comprised of 2 1/4 and 35 mm format, black and white negative film. The photography was commissioned by the Brice Building Company.

Lockstepping Structure, Darrell A.H. Miller

Public Law and Legal Theory Working Papers

The new judicial federalism is now entering its early middle age. As it has matured—moving from rights to structure—it has become more complicated in its application. For if one were to take arguments about state experimentation and interpretive flexibility to their logical conclusion, there is no reason state legislative, executive, and judicial powers should stay in lanes demarcated by federal constitutional law. Easily amended state constitutions and elected judges support theories of judicial function more akin to statewide legislative policymakers than passive judicial magistrates. Positive rights in state constitutions would seem to demand recalibration of the rules of standing and …

The People, The Branches, And The Pearl Of Independence, Brian C. Murchison

Scholarly Articles

What will be the fate of the independent agencies?  Since 1887, Congress has seen fit to address an array of contemporary issues by creating expert federal agencies, such as the Interstate Commerce Commission, the Federal Trade Commission, the National Labor Relations Board, and others.  The principal officers of these agencies are appointed by the President on advice and consent of the Senate, serve limited staggered terms, are bipartisan in the sense that only a bare majority of the agency’s officers can be members of the same political party, and are “independent” in the sense that the officers are removable only …

Transforming Police Officers To Community Peace Officers: A Scholarly Personal Narrative Addressing The Mental And Moral Conflicts In Community Engagement & Law Enforcement, London S. R. Mcbride

Doctor of Education

This dissertation explores the transformation of police officers into community peace officers by examining the mental and moral conflicts inherent in community engagement and law enforcement. Using scholarly personal narrative (SPN) as my methodology, the study integrates my lived experience as a Black law enforcement officer with broader discussions on race, power, leadership, and institutional culture. Grounded in critical race theory, social justice leadership, and trauma theory, the research investigates how systemic inequities, organizational resistance, and historical trauma influence policing practices and officer identity. The literature review highlights the legacy of racialized policing, the psychological toll of law enforcement work, …

Designing Contract Modification, Albert H. Choi, George Triantis

University of Chicago Law Review

No abstract provided.

The Structural Law Of Data, Bridget A. Fahey, Raul Castro Fernandez

University of Chicago Law Review

The central concern of structural constitutional law is the organization of governmental power, but power comes in many forms. This Article is about how the law of structure regulates decision-making about, and popular control over, an increasingly potent form of power: the power government obtains from data. The government has always relied on information to meet its objectives, but the digitization of information over the last half century has yielded a distinctive form of governmental power—one that is liquid, transferable, minable, dynamic, and vital to virtually all governmental activity today.

But despite the significant literature on private-sector “data governance,” public …

Settlements Of Adhesion, Nicole Summers

University of Chicago Law Review

Eviction cases make up over a quarter of all cases filed in the federal and state civil courts and have enormous consequences for tenants, who are nearly always unrepresented by counsel. These cases overwhelmingly settle, yet settlement scholars have entirely overlooked eviction both empirically and theoretically. One of the core questions animating settlement scholarship—how do the parties negotiate settlement?— has never been asked or answered in the eviction context. This Article does so.

The Article presents results from the first empirical study of eviction settlement negotiations. The study involved rigorous analysis of an original dataset of over one thousand hand-coded …

The Law And Economics Of Guilt And Shame, Ian Ayres, Joseph Bankman, Daniel Hemel

University of Chicago Law Review

The negative moral emotions of guilt and shame impose real social costs but also create opportunities for policymakers to engender compliance with legal rules in a cost-effective manner. We present a unified model of guilt and shame that demonstrates how legal policymakers can harness negative moral emotions to increase social welfare. The prospect of guilt and shame can deter individuals from violating moral norms and legal rules, thereby substituting for the expense of state enforcement. But when legal rules and law enforcement fail to induce total compliance, guilt and shame experienced by noncompliers can increase the law’s social costs. We …

Incarceration As Sexualized Violence, Leigh S. Goodmark

Faculty Scholarship

Sexual violence—rape, sexual assault, strip and body cavity searches, surveillance, and reproductive abuse—is a regular occurrence in women’s prisons. Some of that violence is clearly illegal; some occupies a legally gray middle ground; and some is considered essential to the operation of the prison system. All of it, however, could violate the law if the victims were not incarcerated. Sexual violence is so pervasive within women’s prisons that incarceration can only be understood as a form of sexualized violence. Given the certainty that people incarcerated in women’s prisons will experience some form of sexual abuse, continued incarceration can only be …

Clerk, Unprotected: The Gendered Pipeline To Supreme Court Clerkships, Julia Gessert

University of Colorado Law Review

No abstract provided.

Environmental Risk Modeling For Heavy Rainfall Events In Jeddah City Between The Years (2000-2025), Amina Atallah Al-Rehaili

University of Tabuk Journal for Humanities and Social Sciences

This study models the potential environmental risks associated with heavy rainfall events that affected Jeddah, Saudi Arabia, between 2000 and 2025. A descriptive-analytical approach based on Geographic Information Systems (GIS) was employed to analyze spatial patterns of rainfall and assess their environmental implications. The methodology included a literature review, collection of daily rainfall data, identification of extreme rainfall events, and spatial analysis of rainfall distribution across the city. A suitability model was then developed to determine areas most vulnerable to heavy rainfall hazards. Results indicate that heavy rainfall events and their environmental impacts on residents and property correspond to 70.37% …

The Effectiveness Of A Program Based On The Use Of Concept Maps In Improving Descriptive Text Among Female Students With Learning Disabilities, Bedour Ahmed Bahamam

University of Tabuk Journal for Humanities and Social Sciences

This study aimed to investigate the effectiveness of a program based on the use of concept maps in improving descriptive text writing among middle school female students with learning disabilities. The study employed a quasi-experimental methodology using a single-group pre-test and post-test design. The research instruments included a training program and descriptive writing tasks. The study sample consisted of 21 middle school female students with learning disabilities in Riyadh. The results revealed statistically significant differences between the pre-test and post-test in the number of words produced in the descriptive texts, with the post-test showing superior performance. Additionally, statistically significant differences …

The Reality Of Science Teachers' Possession Of Tpack Model Competencies In Intermediate Schools In Bisha Governorate From Their Perspective, Khaled Saleh Alrawili

University of Tabuk Journal for Humanities and Social Sciences

The study aimed to explore the reality of Science Teachers' Possession of TPACK model Competencies in Intermediate Schools in Bisha Governorate from their Perspective, and its relationship to certain variables (academic qualifications - years of experience). The study used a descriptive survey approach by applying a questionnaire consisting, in its final form, of 30 items distributed across four main axes representing the basic components of the TPACK model. The sample consisted of (85) Science teachers in the Bisha Governorate. The study reached a set of results, including: The third axis, "Pedagogical Knowledge" (PK), came in first place in terms of …

Level Of Cognitive Load Among Students With Learning Disabilities In The Middle Stage In Riyadh Region, Khalid Munahi Hudaib Alqahtani

University of Tabuk Journal for Humanities and Social Sciences

The study aimed to investigate the level of cognitive load among middle school students with learning disabilities in Riyadh and to identify differences in cognitive load levels according to gender (male-female) and grade level (first, second, third). The study adopted a descriptive approach and was conducted on a sample of (80) students with learning disabilities, whose ages ranged from 14 to 16 years. To achieve the study objectives, a Cognitive Load Scale consisting of (30) items distributed across three dimensions was developed: intrinsic load, extraneous load, and germane load. The results revealed that the overall level of cognitive load among …

The Extent Of Acquiring Scientific Concepts In Science Curricula In The Primary Stage For Hearing, Deaf, And Hard-Of-Hearing Students: Evaluating Achievement, Teaching Practices, Challenges, And Improvement Mechanisms, Rashdan Bin Humeed Bin Masoud Al-Mutarrfi

University of Tabuk Journal for Humanities and Social Sciences

This study aimed to investigate the level of acquisition of scientific concepts among hearing, deaf, and hard-of-hearing students in the fifth and sixth grades, and to identify the teaching practices used by science teachers when teaching scientific concepts to these students. Additionally, the study sought to uncover the challenges faced by science teachers in teaching scientific concepts to hearing, deaf, and hard-of-hearing students and to propose mechanisms to help science teachers in primary education increase the acquisition of scientific concepts among these students. The study sample consisted of 136 male and female students and 137 male and female teachers. The …

The Factorial Structure Of The Positive Thinking Scale Among Graduate Students (A Case Study Of Tabuk University), Mohammed Abdullah Asiri, Hissah Suliman Albalawi

University of Tabuk Journal for Humanities and Social Sciences

The aim of the research was to identify the factorial structure of the Positive Thinking Scale among graduate students, using confirmatory factor analysis, the level of positive thinking among graduate students, and the differences in the dimensions of positive thinking among graduate students, according to two variables: (gender and specialization). To achieve the research objectives, a descriptive analytical approach was used, and a scale was designed consisting of 36 items distributed across five dimensions (optimism and positive expectation, self-discipline and control of higher-level mental processes, mindfulness, critical thinking, and unconditional self-acceptance). The scale was applied to a stratified random sample …

Presupposition In Shaqraa Al-Madkhali's "I Almost See Me": A Pragmatic Study, Hadiah Faiz Monawer Alrashidy

University of Tabuk Journal for Humanities and Social Sciences

This research investigates the presuppositions inherent in the poetic collection (Diwan) titled "Akadu Arani" (I Almost See Myself) by the poetess, Shaqra al-Madkhali. The study aims to categorize these presuppositions and analyze their functional role in articulating the poetess's intentionality, ultimately facilitating the efficacy of the communicative process. Methodologically, the paper adopts a pragmatic framework complemented by a descriptive-analytical approach. The study is organized into an introduction, a theoretical preamble on the concept of presupposition, and five core analytical sections: (1) Existential, (2) Factive, (3) Lexical, (4) Structural, and (5) Non-factive presupposition. The investigation concludes with several key findings, most …

Evaluating The Quality Of Learning Disabilities Programs In Saudi Arabia From Teachers' Perspectives: Qualitative Study, Ahmed Lowiheg Aldousari

University of Tabuk Journal for Humanities and Social Sciences

This study investigates the quality of learning disabilities (LD) programs in the Kingdom of Saudi Arabia (KSA) from the perspectives of teachers directly involved in their implementation. The study adopts a qualitative research design, utilizing semi-structured interviews conducted with ten teachers of learning disabilities, including five male and five female teachers. The aim of the study is to explore teachers' perceptions of the effectiveness of current LD programs, identify key challenges encountered in practice, and highlight areas for improvement. The findings reveal that while teachers demonstrate strong commitment and positive attitudes toward supporting students with learning disabilities, several challenges persist, …

Heritage In Digital Literary Discourse: An Analytical Approach To Fawaz Al-Laboun's Tweets, Zuhir Hassan Saeed Alamri

University of Tabuk Journal for Humanities and Social Sciences

This study examines heritage in digital literary discourse through an analytical approach to the tweets of Fawaz Al-Laboun, within a contemporary narrative context shaped by the digital sphere, where narrative forms intersect with creative expression. The study traces transformations in the presence of heritage within the digital environment and explores the potential of short-form narration when employed to generate poetic, cultural, and rhetorical meanings on social media platforms, particularly X. The study relies on the analysis of six selected digital news texts drawn from Al-Laboun's posts. These texts were chosen based on their connection to cultural memory and narrative structure, …

Designing An Instructional Unit To Develop Skills In Sustainable Children's Clothing Production, Mona Omar Ali Al Omar

University of Tabuk Journal for Humanities and Social Sciences

The manufacture of sustainable children's garments-particularly reverse-style transformative clothing-has recently emerged as an innovative approach aimed at maximising utilisation efficiency by designing multifunctional products that prolong service life and reduce waste. The significance of this study lies in preparing female students to engage with the rapid advancements in sustainable apparel production, thereby strengthening their capacity to meet the demands of a modern labour market that increasingly values innovation and sustainability. The study sought to design an instructional unit that would enhance students' knowledge and skills in producing sustainable, reverse-transformative children's clothing, and to implement the unit in order to assess …

Level Of Integration Of Learning Disability Program Services From The Perspective Of Learning Disability Supervisors And Teachers In Taif City, Abdullah Ahmed Ali Alghamdi

University of Tabuk Journal for Humanities and Social Sciences

This study aimed to investigate the level of functional integration among the core elements of learning disabilities programs in Taif, by surveying the opinions of those working in these programs within a comprehensive evaluation framework. This framework considered the governing legislation and regulations, the efficiency of diagnostic and assessment processes, the effectiveness of implementing Individualized Education Plans (IEPs), and other operational components that form the scientific and practical basis for the quality of educational services in these programs. The study adopted a descriptive approach, deemed most suitable for understanding the field reality, and its instruments as survey were applied to …

A Stylistic Analysis Of Abu Tammam's Poem "Aya Wayla Al-Shaji Min Al-Khali", Fatimah Abdullah Al Shammry

University of Tabuk Journal for Humanities and Social Sciences

This research undertakes a stylistic study of Abu Tammam's poem "Aya Wayl al-Shajiyy min al-Khaliyy," seeking to reveal the aesthetic and semantic characteristics that distinguish the stylistic structure of his poetry. The study adopted the stylistic approach as a theoretical and analytical framework for examining the poetic text through its phonetic, syntactic, semantic, and rhetorical levels, based on a perspective that views language as a tool for generating both meaning and emotion. The research consists of two main sections: the first addresses the theoretical framework, including the definition of stylistics, its origins, methods, and trends, alongside a biographical overview of …

Obituary For The Birth Certificate, Malinda L. Seymore

Faculty Scholarship

Have birth certificates outlived their usefulness? Birth certificates establish an individual’s name, identity, age, race, sex and gender, parental authority, and citizenship. In addition, the information collected at the time of birth and reflected on a long-form birth certificate provides data for public health policy, population statistics, internal migration, government planning, and resource allocation. Birth certificates are also the all-access pass to American life, necessary for many functions of modern life: registering a child in school, signing a child up for soccer, getting a driver’s license and passport, enlisting in the military, and applying for government benefits. All of this, …