Courts Commons^™

Public Perceptions Of The Use Of Artificial Intelligence In Voir Dire, Carson Snyder

Honors Projects

Attorneys have increasingly utilized AI tools to improve efficiency, and one area of application is in jury selection, or voir dire. Public concerns involving AI can have negative implications on how the use of AI tools in voir dire would be received. This study seeks to answer how an attorney’s use of AI in voir dire impacts the public’s perception of the process. Previous research is limited, though findings relating to privacy being a leading concern, increased perception of risk for when error outcomes are more serious, and historical abuse of peremptory challenges outline potential reasons for public disapproval of …

You Can Be Innocent—Or You Can Be Free: Prosecutorial Power And Dark Pleas In Innocence Litigation, Tori Simkovic, Craig Trocino

University of Miami Race & Social Justice Law Review

This Article examines the phenomenon Justice Michael P. Donnelly has termed the “dark plea.” A dark plea is a post-conviction guilty plea extracted from defendants who maintain their innocence but accept freedom over exoneration. Through the lens of State of Florida v. Lawrence K. Johnson, this Article exposes how dark pleas operate at the precise moment when newly discovered evidence threatens to unravel a conviction and expose actual innocence in a nearly two decades old wrongful conviction. Johnson’s case illustrates the coercive dynamics of this type postconviction “bargaining.” After eighteen years of incarceration, compelling DNA recantation evidence, and an appellate …

Qualified Immunity: Emerging Fault Lines In The Eleventh Circuit, Ricky J. Marc

University of Miami Race & Social Justice Law Review

Qualified immunity operates as a central doctrine in federal civil rights litigation, defining the threshold between government accountability and official protection from suit. Within the Eleventh Circuit, this doctrine has developed into a highly structured yet fact-dependent framework that shapes litigation strategy and judicial outcomes. This article offers a comprehensive analysis of qualified immunity in the Eleventh Circuit from 2022 to 2025, drawing on recent precedents involving law enforcement officers and correctional officials. It examines the Circuit’s treatment of clearly established rights, the role of objective reasonableness in determining constitutional violations, and the evidentiary dynamics that influence summary judgment and …

Le Rôle Du Conseil D’État Dans L’Élaboration Du Droit, Joseph Chaoul

Proche-Orient, Études juridiques

The centenary of the Lebanese Conseil d’Etat, established in 1924 on the French model, offers an opportunity to reflect on its role in the development of law. This institution, which embodies the dual jurisdictional system characteristic of legal systems inspired by French law, has a dual mission – advisory and judicial – making it a central actor in the creation of law. In its advisory function, it provides the government with guidance on the legality and administrative advisability of draft texts. Through its judicial function, the Conseil d’Etat contributes to the formation of administrative law through its case law. …

قراءة تحليلية نقدية لمقتضيات المادة ٢٣٥ من قانون الإجراءات المدنية الملغاة ولمقتضيات المادة ٨٥ من اللائحة التنظيمية من قانون الإجراءات المدنية الاتحادي, خالد زاهر

Proche-Orient, Études juridiques

This paper addresses one of the conditions for the recognition and enforcement of foreign judgements in the United Arab Emirates, namely verifying the jurisdiction of the foreign court that issued the judgment. In this regard, the UAE Civil Transactions Code provides that the Emirati enforcement judge cannot order the enforcement of a foreign judgment before verifying that the Emirati courts do not enjoy exclusive jurisdiction over the dispute that had led to the issuance of the judgment or the order, and that the foreign court that issued the judgment or the order enjoys jurisdiction under the international jurisdiction rules laid …

عقد الايجار التجاري في زمن الوباء: النزاعات والعوامل المؤثرة في الاحكام, ميساء نصر

Proche-Orient, Études juridiques

The courts of Dubai faced many disputes resulting from the pandemic and its repercussions, and the Dubai Rental Dispute Settlement Center played a key role in ruling on requests to terminate commercial lease contracts or reduce rent. This study aims at inferring the factors that have affected the decisions of the Center’s committees, reaching the following conclusions. On the one hand, the main factor to determine whether a specific damage was caused by the epidemic or not is the extent to which the commercial activity is connected to customers. On the other hand, the committees have issued diverse decisions with …

الدفع بعدم الإختصاص في قانون الإجراءات المدنية الإماراتي, أحمد حجال

Proche-Orient, Études juridiques

This study addresses the procedural regime of the objection to jurisdiction, which is one of the procedural defenses that raise in the UAE law the issue of the applicable procedural rules. Before which courts and at what stage of the litigation this defense can be raised, and who is the party entitled to raise it? May or should the court raise it proprio motu? Did the Emirati law adopt the traditional categorization of objections to jurisdiction, that is founded on the jurisdiction rules as such? The rules of absolute jurisdiction are the ones whose violation results in a lack …

Penanggulangan Masalah Preman Ditinjau Dari Sudut Politik Kriminil, M. Hamdan

Jurnal Hukum & Pembangunan

Abstract

From Cowboys To Corner Crossers: Reviving The Unlawful Inclosures Act To Protect Public Land Access, Brittany Kjerstad Mcknight, Ryan Mcknight

Cleveland State Law Review

As disputes over public land access intensify, “corner crossing” (the act of stepping from one parcel of public land to another at a shared corner with private property) has ignited legal and political battles across the West. At stake is not just the meaning of trespass, but the public’s right to enjoy land it lawfully owns. This Article argues that corner crossing is lawful and should be recognized as such under existing property law principles. It situates the modern corner-crossing controversy within a broader historical and doctrinal framework, tracing its roots to the Unlawful Inclosures Act of 1885 and the …

The Supreme Court Vs. Federal Prosecutors, Scott Ingram

Et Cetera

For the past forty years, the United States Supreme Court and federal prosecutors have waged an ongoing battle over statutory interpretation. As federal prosecutors have applied broad statutory interpretations to a variety of offenses, the Supreme Court, in a rare show of unanimity, have pushed back by interpreting the statutes narrowly. Throughout this process, the Supreme Court has employed a variety of rationales to support the narrow interpretations. Beginning with federalism concerns, the Court has more recently turned to fears about arbitrary and politically-motivated prosecutions. This article traces the evolution of this battle and concludes with insights about its future …

Recognition Without Authority? Why Vesting Government Recognition In The U.N. Credentials Committee Would Be A Mistake, Jorge Barrera-Rojas

Washington and Lee Law Review Online

When the legitimacy of a government is contested, courts, regional bodies, and states each decide independently who speaks for the state in law. In Recognition Rules, Justin Cole, Alaa Hachem, and Oona Hathaway argue that this fragmentation imposes real costs and propose to cure them by empowering the U.N. Credentials Committee to issue binding determinations of governmental authority across all international law contexts. This Article argues that, beyond Charter obstacles to such a reform, it would be a mistake. The effective-control criterion rewards actors who seize power by force over governments that retain democratic legitimacy; binding credentials decisions would …

Or Else: Statutes Without Sanctions And The Doctrine Of Meaningful Interpretation, Christian Davis

Washington and Lee Law Review Online

Mankind has been fashioning laws for millennia. And while the form and substance of laws vary widely across times and places, all laws are unified by a fundamental reality that transcends the particular legal and political institutions of the day. To put it simply: laws only work if someone is prepared to enforce them.

As arbiters of the American legal system, state and federal judges are aware that—in order for a law to have the conduct-influencing effect it was designed to have—it must be supported by some version of an “or else” clause, a punishment or penalty sufficient to dissuade …

The Judicial Police Power, Alice Ristroph

Villanova Law Review (1956 - )

No abstract provided.

Glossip’S Road Map To Nowhere, Vida Johnson

Georgetown Law Faculty Publications and Other Works

The Supreme Court’s 2025 decision in Glossip v. Oklahoma was heralded as a victory for the defense. This essay argues that the 2025 Glossip decision does little to fix the myriad problems that led to Mr. Glossip’s wrongful conviction. While ultimately the Supreme Court reached the correct outcome this time, the ordinary judicial process and its purported safeguards were not what saved Mr. Glossip’s life. Rather, it was random chance that came to Mr. Glossip’s aid.

Ten years earlier, the Supreme Court, with many of the same Justices on the bench now, paved the way for Mr. Glossip’s execution. The …

Law School News: Rwu Names Richard "Dick" Sullivan '79 And Judge Lara E. Montecalvo As 2026 Honorary Degree Recipients 4-16-2026, Kelly Brinza

Life of the Law School (1993- )

No abstract provided.

Brief Of The American Immigration Lawyers Association And Immigration Law Scholars As Amici Curiae In Support Of Respondents, Lindsay Nash

Amicus Briefs

Amicus curiae brief submitted by the American Immigration Lawyers Association and immigration law scholars in support of the respondents in Mullin v. Doe and Trump v. Miot before the Supreme Court of the United States. The brief argues that the Temporary Protected Status (TPS) statute strictly limits the Executive Branch's authority to terminate TPS designations and requires continuation of protection unless the statutory conditions justifying designation no longer exist. The amici further contend that TPS serves a critical humanitarian function by protecting individuals from removal, detention, and loss of work authorization while conditions in designated countries remain unsafe.

Evaluasi Terhadap Undang-Undang Pemilu Dan Peraturan Pelaksanaannya Kearah Penyempurnaan Sistim Pemilu, M. Riza Sihbudi

Jurnal Hukum & Pembangunan

Abstract

Racial Bias In Jury Selection: The Fundamental And Pragmatic Issues With Batson Challenges, Abigail Lindsey

Arkansas Law Review

In April of 2024, the District Attorney of Alameda County in California revealed evidence of “serious misconduct” by several prosecutors who oversaw a murder trial in 1993, in which the jury found a Black man guilty and sentenced him to death. The evidence of misconduct included the prosecutors’ trial notes. The notes that have been released suggest the prosecutors struck potential jurors from the jury pool because they were Jewish—the notes include: “I liked him better than any other Jew but no way.” The District Attorney is now looking into the county’s other death penalty cases, some of which took …

A Tale Of Two Credits: The Post-Nestlé Alien Tort Statute And Carbon Credit Externalities, Stephanie Mao

Northwestern University Law Review

As companies increasingly embrace carbon-neutrality commitments, many rely on the voluntary carbon market to offset their emissions rather than reduce them directly. Regulatory and consumer scrutiny has focused on the widespread use of “phantom” carbon credits, i.e., credits that fail to produce meaningful climate benefits. But less attention has been paid to what this Note terms “colonial” carbon credits: those that may technically reduce emissions but do so at the expense of communities abroad. These projects may contribute to land dispossession, human rights abuses, and threats to public and environmental health. Yet, current regulatory and legal frameworks, with their focus …

Disproportionate Influence: Rethinking Control In American Corporate Governance, Dhruv Aggarwal, Ofer Eldar

Northwestern University Law Review

Corporate law has undergone a gradual transformation. Founding chief executive officers (“founder-CEOs”) and activist hedge funds increasingly dominate leading American corporations despite owning well short of a majority of shares. Founder-CEOs, through personal brands or dual-class voting structures, control firms despite having minority stakes; activist hedge funds, with single-digit holdings, press for major governance changes. We argue that these two types of shareholders, often treated as opposites, both dominate corporations through disproportionate influence rather than majority ownership. We describe these investors who dictate corporate policy through disproportionate influence as high-influence shareholders.

Delaware’s doctrinal response to high-influence shareholders has been inconsistent, …