Law Commons^™

Proportionality: Can’T Live With It But Can’T Live Without It, Geoffrey S. Corn

International Law Studies

Perhaps no other word in the international humanitarian law lexicon evokes more interest and emotion than proportionality. How States implement the rule of proportionality is perhaps the most hotly debated aspect of international humanitarian law. The indeterminate nature of the rule allows for its meaning to conform to whatever its reader wants it to mean. This is a consequence of the variables related to key provisions of the rule: How do we assess military advantage? What makes an anticipated military advantage “concrete and direct”? And most problematic of all, what is the meaning of the term “excessive”? All of these …

The Emergence Of An Object Of Regulatory Concern: The European Union’S Artificial Intelligence Act, Galán, Alexis, Schmidt, Rebecca

Santa Clara Journal of International Law

No abstract provided.

Analisis Dampak Putusan Etik Terhadap Keabsahan Putusan Lembaga Peradilan: Perbandingan Putusan Mahkamah Konstitusi Dan Putusan Badan Peradilan Dalam Lingkup Mahkamah Agung, Muhamad Sidiq

Jurnal Konstitusi & Demokrasi

Constitutionalism places the constitution as the supreme law that binds all state administrators, with the Constitutional Court (MK) as the guardian of the constitution through final and binding judicial review decisions. However, serious challenges have emerged regarding ethical violations by constitutional judges, such as in Decision No. 90/PUU-XXI/2023, which raises questions about the legitimacy and validity of the decision. This study employs a normative legal method with a doctrinal approach to analyze the applicability and impact of ethical rulings on MK decisions and compares them with ethical oversight and decision correction practices within the Supreme Court (MA). The findings indicate …

Book Review: Jonathan Gienapp, Against Constitutional Originalism: A Historical Critique, Timothy Smith

ConLawNOW

This essay reviews the new book, Against Constitutional Originalism by Professor Jonathan Gienapp. It shows how this important book complicates the legal theory of originalism and its understanding of the Constitution. Gienapp convincingly shows that Founding-era Americans had a very different understanding of the nature of constitutions—what they are and how they worked. The conception of the Constitution that feels natural to modern Americans actually developed gradually in the decades and centuries after the Founding and was not the original meaning. Gienapp contends that this creates foundational problems for the originalist approach to Constitutional interpretation. It exposes the fundamental misunderstanding …

Police Officer Use Of Force And Officer-Created Jeopardy After Barnes V. Felix: The Supreme Court's Important (Albeit Incomplete) Step In The Right Direction, Cynthia Lee

ConLawNOW

This essay analyzes the Supreme Court’s 2025 unanimous decision in Barnes v. Felix rejecting the moment of threat doctrine that limited courts assessing the reasonableness of a law enforcement officer’s use of force. Under this narrow time-framing approach, courts were limited to considering only those facts and circumstances known to the officer at the moment of the threat, and acts occurring before the officer seized the individual that may have contributed to the dangerous situation could not be considered. Rejecting this narrow approach, the Court reaffirmed its longstanding rule that in assessing the reasonableness of an officer’s use of force …

Personal Jurisdiction And The Fifth Amendment, Scott Dodson

ConLawNOW

The Supreme Court has avoided clarifying the relationship between federal-court personal jurisdiction, congressional statutes, and the Fifth Amendment. Until now, that is. In June 2025, the Court decided two important cases involving constraints on a federal court’s exercise of personal jurisdiction outside of Rule 4(k)(1)(A), which typically ties federal-court personal jurisdiction to state-court personal jurisdiction. This brief essay explains and analyzes those cases, situating them in the Court’s larger agenda for personal jurisdiction. It also discusses some open questions raised by the decisions and the role that personal jurisdiction in the United States may now play on the global stage.

Improving Anxiety Screening In Active-Duty Military: Policy Recommendation For Implementing Ham-A Alongside Gad-7, Alex Judkins

Student Scholarly Projects

Practice Problem: Military personnel appear to be at increased risk for mood and stress-related conditions, such as anxiety and depression. These are frequently associated with traumatic brain injury (TBI), yet existing policies and practices may not fully capture this symptom complexity.

PICOT: For healthcare policymakers and providers (P), how does a policy review and recommendation for implementing the HAM-A screening tool for anxiety (I), compared to continued reliance on GAD-7 (C), impact the early identification and policy alignment for somatic and psychic anxiety management among active-duty military personnel (O)?

Evidence: Investigating psychological illnesses and their physiological manifestations in isolation fails …

Open And Timely Public Access To Final, Citable U.S. Case Law: A Progress Report, Peter W. Martin

Cornell Law Faculty Publications

By the early 1990s, numerous advantages of disseminating legal information electronically instead of in print had become widely recognized. These included the potential for faster and wider access and increased competition. To maximize those gains, the American Association of Law Libraries and American Bar Association recommended that the nation’s court systems adopt public (non-proprietary) systems of case citation that could function readily regardless of medium. A few had already headed down that path. In the years since, others have followed.

This article traces the progress of that movement and describes a less conspicuous alternative more recently implemented in a number …

Law School News : Rwu Law Named A 'Best Law School' By The Princeton Review 08-04-2025, Jordan J. Phelan

Life of the Law School (1993- )

No abstract provided.

Rwu Law Named A 'Best Law School' By The Princeton Review 08-04-2025, Jordan J. Phelan

Life of the Law School (1993- )

No abstract provided.

Teaching Law Through Art: On Magic, Emotions, And Resistance, Hamsini Marada

Socio-Legal Review

This is an auto-ethnographic article in which the author reflects on her research in art and law, the legal academic culture, and the ways in which her art practice (painting and photography) informs her teaching pedagogy. The author uses theoretical works of scholars like Paulo Friere and bell hooks as foundational texts to address how an emotional and care-based approach to teaching can be developed through engagement with art in law classrooms. This theory is substantiated with anecdotes from the author's experience of teaching electives on art and law and core courses like Criminal Law and Intellectual Property Rights. By …

Ua21 What's New, Wku Institutional Equity

WKU Administration Documents

Newsletter created by and about the Office of Institutional Equity.

• Demir, Ena. A Message from the Executive Director
• Training Opportunities: Stay Informed & Engaged
• Understanding Title VI
• Student Accessibility Center Joins the Office of Institutional Equity
• Need Workplace Accommodations?
• Web Accessibility Regulations
• Relevant Information
• Stop Campus Hazing Act
• Meet the Team

Embracing The Bot: Japan’S Love Affair With Ai Learning, Dan Rosen

UC Law SF International Law Review

No abstract provided.

Mitigating Ai Bias With Prompt Augmentation, Verónica C. Gonzales

Faculty Scholarship

Large-language-model (“LLM”) outputs are inevitably shaped by assumptions, biases, and attitudes rooted in racism and other systemic inequities embedded in the civil-law tradition. This Equity-in-Justice CLE focuses on helping civil legal service providers recognize and work to eliminate biases in generative AI outputs through equity-centered prompt augmentation and engineering. These small, cost-free interventions re-orient LLMs assistance toward fairness, cultural competency, and client-centered outcomes. Participants leave with an action plan for embedding anti-bias safeguards in everyday research, drafting, and client communication tasks.

Copyright In Characters: A Proposal For Reform, Michael W. Carroll

Joint PIJIP/TLS Research Paper Series

The doctrine of character copyright is an eccentricity in copyright law that should either be abandoned or substantially reformed. Originally limited to literary characters, this doctrine decomposes a narrative work in order to recognize characters as works of authorship independent of the narrative works from which they are derived. Claimants generally seek independent protection for characters for three, sometimes overlapping, reasons: (1) to repackage what would otherwise be a weak claim of substantial similarity if comparison were to be made with the work(s) from which the character has sprung; (2) to overcome obstacles posed by prior licensing decisions that have …

International Legal Guidelines For Marine Carbon Dioxide Removal Governance Under The London Convention And London Protocol, Korey Silverman-Roati, Romany M. Webb

Sabin Center for Climate Change Law

For the past two decades, parties to the London Convention and Protocol have negotiated rules, decisions, and amendments related to climate change. These efforts have principally focused on two sets of technologies – sub-seabed carbon dioxide storage and marine geoengineering. Initial discussions regarding marine geoengineering focused specifically on ocean fertilization but, more recently, the parties have considered an expanded array of marine carbon dioxide removal (mCDR) approaches, including ocean alkalinity enhancement and ocean sinking of biomass. Throughout these discussions, the parties have invoked legal principles and guidelines, like the precautionary approach, to inform their assessment of how to apply the …

“Foreign-Related Rule Of Law” And The Belt And Road Initiative: A Chinese Legal- Economic Synergy, Sungmin Kim

UC Law SF International Law Review

No abstract provided.

Shielding From Culpability: The Responsibility System In Eu’S Asylum And Migration Policy, Bjarne Bachmann

UC Law SF International Law Review

No abstract provided.

Masthead

UC Law SF International Law Review

No abstract provided.

Reopening The Past, Nadia R. Castillo

Theses/Capstones/Creative Projects

According to the Murder Accountability Project and Federal Bureau of Investigations, “nearly 340,000 homicides and non-negligent manslaughter cases went unsolved in the U.S. from the year of 1965 to 2021 alone” (FBI; 2021). Hidden in the corners of the Justice System are endless cases that go unsolved, untouched or just too long forgotten these crimes carry no answers, no justice, and no closure. For decades, many of these cold cases have been on a shelf collecting dust stalled by the limits of old outdated technology, limited resources, and insufficient evidence. A new era of forensic science is evolving every day, …

Dissecting The Heterogeneous Effects Of Opioid Prescribing Limit Laws On Pediatric Mortality: A Multidimensional And Negative Binomial Modeling Approach, Francine R. Vega

Dissertations and Theses (Open Access)

Opioid prescribing for children and adolescents continues to be a significant health crisis in the United States. Early naïve exposure to opioid prescriptions has been linked to later misuse, opioid use disorder, and death. In response to the crisis, many states have implemented opioid prescribing limit laws (OPLLs) aimed at reducing exposure to opioids. These laws vary widely in their approach, including differences in dosage restrictions, prescription duration limits, informed consent requirements, educational provisions, and whether they offer explicit protections specifically for minors. Despite their widespread adoption, there is limited understanding of how heterogeneity in legal regulations affects outcomes for …

The “Sweetest Sounding” Words Of Civil Rights: A Labor Origin Story Of The “Right To Work”, Thomas A. Castillo

History

This essay revisits the idea of “right to work” by offering historical context of Florida’s passage of its 1944 right to work constitutional amendment. A brief overview of the history of the term right to work and its contested nature indicates how the phrase likely led to confusion especially in the arena of political economy. A close evaluation of the amendment and its incongruent nature reveals the intent of its proponents was to deceive voters with the “sweetest sounding” words of civil rights while weakening their ability to organize labor unions. The history of safeguarding the free market entailed disciplining …

August 2025 Annual Report, Perlmutter Center For Legal Justice At Cardozo Law

Perlmutter Center Reports

The August 2025 Annual Report documents the Perlmutter Center for Legal Justice’s work at Cardozo Law during Spring and Summer 2025, highlighting major legal victories, partnerships, student clinical programs, policy advocacy, community outreach, and staff achievements. Prepared for The Laura and Isaac Perlmutter Foundation, it details the Center’s efforts to address wrongful convictions, challenge flawed forensic science, expand pro bono collaborations, and advance criminal justice reform, while also providing staff updates, financial information, and program impact summaries.

Legislatively Inhibiting Children's Development Of The Mens Rea To Commit Genocide During Adulthood, Susan H. Bitensky

University of Florida Journal of Law & Public Policy

This Article concerns how legislatures in America are stanching development of the criminal intent to commit genocide. Lawmakers have taken aim at genocide, not through the barrel of a gun, but, rather, by imbuing schoolchildren with values and psychological attributes that gradually counteract development of a génocidaire’s mens rea. Of course, sans mens rea, sans perpetration of this, the “crime of crimes.”

The counteractant process is the result of joining a substantively targeted pedagogy with the force of law so as to create state genocide-education mandate statutes. There has been a certain prescience in this. Accumulating expert opinion, studies, and …

Promoting Better Dispute Decision-Making With An Ai Tool Built On Rps Theory, John Lande

Faculty Publications

Traditional theories of negotiation and mediation rely on rigid models, false dichotomies, and confusing terminology that fails to reflect the complexity of real practice. This article critiques those theories and introduces Real Practice Systems (RPS) theory as a more accurate and practical alternative.

RPS theory conceptualizes negotiation and mediation as sequences of professional judgment shaped by context, experience, and goals, rather than as idealized or linear processes. It promotes a realistic and ethically responsible practice by encouraging reflection, intentional process design, and adaptability.

The article introduces “RPS Coach,” a free artificial intelligence tool built on the ChatGPT platform. It is …

Thinking Like Mediators About The Future Of Ai, John Lande

Faculty Publications

Some public discourse about artificial intelligence (AI) reflects the uncertainty and tension typical of high-stakes conflicts, where differing perceptions and strong emotions shape how people respond to change. This short essay suggests that dispute resolution professionals are well-positioned to apply our tools to this emerging and complex issue, though we don’t always do so.

The essay calls for a balanced analysis of AI’s risks and benefits, drawing on familiar dispute resolution practices like careful consideration of situations, interests, and options. It highlights the differences between individual and societal impacts of AI use on the environment and education. It encourages the …

Louisiana's Ten Commandments Statute: With Litigation Updates From Arkansas And Texas, Carl H. Esbeck

Faculty Publications

Legislators in conservative states are drawn to a belief that the Ten Commandments [“10/Cs”] underscore American’s moral, jurisprudential, and historical heritage. First the State of Louisiana, and thereafter Arkansas and Texas, enacted legislation requiring the posting of the 10/Cs in every public school and university classroom in the state. This quickly brought on legal challenges by students and their parents, along with a smattering of local clerics, together contending that these laws were unconstitutional, most prominently violations of the Establishment Clause. State attorney generals leaped to defend these statutes making the facial assertion that the 10/Cs are not so much …

A Video Guide For Teaching Law Students To Use Ai Wisely, John Lande

Faculty Publications

This article introduces a video that provides practical guidance about using artificial intelligence (AI) in legal education.  It presents a basic introduction to AI and describes how law students and faculty can benefit from tools like ChatGPT.  Because many students already use AI on their own, the video emphasizes the need to teach them how to use it wisely and responsibly.  The video also includes demonstrations showing how faculty can use AI to develop new simulations and how students can use it to prepare for them.  This article provides links to the video, PowerPoint slides, the chat transcript, and related …

The Use Of Ai In Canadian Courts, Shaughnessy Dow

Dalhousie Journal of Legal Studies

Like many other fields, there has been growing discussion about the potential benefits of AI for the law. In light of the Federal Court’s interim principles and guidelines on the use of AI, this paper considers whether AI applications can assist the judiciary with its decision-making function. In doing so, it starts by considering the role that judges play in our legal system, finding that they are often called upon to consider and weigh information with human, emotional qualities and to assess the broader policy implications of their legal rulings. This paper concludes that the optimism of proponents of AI …

A Framework For Interpreting Emojis In Legal Contexts, Anne Merritt

Dalhousie Journal of Legal Studies

In the 2023 case of South West Terminal Ltd. v. Achter Land & Cattle Ltd., a Saskatchewan court found that a thumbs-up emoji, as a standalone item of communication, constituted the acceptance of a contract between a buyer and seller. The trial judge noted that such communication was “the new reality in Canadian society” for which courts should be prepared to interpret novel units of language arising in the digital age. However, an analysis of recent Canadian cases involving emojis shows that courts have not been prepared, with inconsistencies in how emojis are represented in evidence, how they are …