Seattle University School of Law
Notre Dame Law School
Fordham University School of Law
Texas Fifth Court of Appeals
Cornell Law School
CUNY John Jay College
Duke Law School
UIC School of Law
Marquette University Law School
When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence (Book Review),
2023
St. Mary's University School of Law
When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence (Book Review), Stacy Fowler
Faculty Articles
In When Machines Can Be Judge, Jury, and Executioner, former federal judge Katherine Forrest raises concerns over the pervasive use of artificial intelligence (AI) in the American justice system to produce risks and need assessments (RNA) regarding the probability of recidivism for citizens charged with a crime. Forrest’s argument centers on AI’s primary focus on utilitarian outcomes when assessing liberty for individual citizens. This approach leads Forrest to the conclusion that in its current form, AI is “ill-suited to the criminal justice context.” Forrest contends that AI should instead be programmed to focus on John Rawl’ 'concept of justice as …
Masthead And Table Of Contents,
2023
Pepperdine University
Masthead And Table Of Contents, Deepika Chandrashekar
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
All Cases Matter: Mitigating Bias In The Administrative Law Judiciary,
2023
Pepperdine University
All Cases Matter: Mitigating Bias In The Administrative Law Judiciary, Cherron Payne
Journal of the National Association of Administrative Law Judiciary
After an introduction and explanation of bias in Part I, Part II of this article explores the issue of bias and the underlying factors that configure bias, such as attitude, stereotype, and prejudice. Part II also examines the two principal types of bias, explicit bias and implicit bias, and defines common subsets of bias, such as gender bias. Part III presents implicit bias as an unconscious, utilitarian, and neuroscientific mechanism. Part III examines the neuroscience of decision-making and the neural structures that influence and regulate decision-making processes. Part III also discusses emotion as an underpinning to decision-making and the role …
Solemn Vow: Solum's Originalism, Treaties, And Tribal Sovereignty In Castro-Huerta,
2023
University of Maine School of Law
Solemn Vow: Solum's Originalism, Treaties, And Tribal Sovereignty In Castro-Huerta, Liam L. Sheridan
Maine Law Review
In Oklahoma v. Castro-Huerta, the Supreme Court held that states have inherent authority to prosecute crimes committed by non-Indians in “Indian country.” Only two years earlier, the Court in McGirt v. Oklahoma held that most of eastern Oklahoma was Indian country, and thus immune from any state criminal jurisdiction. Castro-Huerta limited this immunity and narrowed the Court’s view of tribal sovereignty as a whole. The majority represented the Court’s originalist faction—minus Justice Gorsuch, who had penned both the majority opinion in McGirt and the dissent in Castro-Huerta. The majority and dissent disagreed over whether federal statutes preempted Oklahoma’s criminal jurisdiction. …
Four Maurer School Of Law Students Selected As 2023 Stevens Fellows,
2023
Maurer School of Law: Indiana University
Four Maurer School Of Law Students Selected As 2023 Stevens Fellows, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
Four Indiana Law students have been selected as Stevens Fellows, the John Paul Stevens Foundation accounced today (June 20). Selection as a Stevens Fellow allows students to receive critical financial support while participating in unpaid summer legal internships serving the public interest.
Named after the late U.S. Supreme Court Justice, the John Paul Stevens Foundation is dedicated to promoting public interest and social justice values in the next generation of American lawyers.
Where To Place The “Nones” In The Church And State Debate? Empirical Evidence From Establishment Clause Cases In Federal Court,
2023
St. John's University School of Law
Where To Place The “Nones” In The Church And State Debate? Empirical Evidence From Establishment Clause Cases In Federal Court, Gregory C. Sisk, Michael Heise
St. John's Law Review
In this third iteration of our ongoing empirical examination of religious liberty decisions in the lower federal courts, we studied all digested Establishment Clause decisions by federal circuit and district court judges from 2006 through 2015. The first clause of the First Amendment to the United States Constitution directs that “Congress shall make no law respecting an establishment of religion.” That provision has generated decades of controversy regarding the appropriate role of religion in public life.
Holding key variables constant, we found that Catholic judges approved Establishment Clause claims at a 29.6% rate, compared with a 41.5% rate before non-Catholic …
Remembering The Hon. Viola J. Taliaferro,
2023
Maurer School of Law: Indiana University
Remembering The Hon. Viola J. Taliaferro, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
Judge Viola J. Taliaferro, a pathbreaking jurist in Monroe County and renowned advocate for its children, passed away Monday, June 12 in Bloomington.
A 1977 graduate of the Indiana University Maurer School of Law, Taliaferro entered the legal profession later in life, but wasted no time making an immediate—and lasting—impact on her local community.
Viola Taliaferro earned a Master of Liberal Arts degree from Johns Hopkins University in 1969. By then she and George had four children, and the family returned to Bloomington—where George had played for the Indiana University Hoosier football team—in 1972.
Three years later she enrolled at …
Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg,
2023
Villanova University Charles Widger School of Law
Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco
Villanova Environmental Law Journal
No abstract provided.
Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights,
2023
American University in Cairo
Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed
Theses and Dissertations
The fact that there is a constant conflict between individual rights and state or social interests has historically provoked the question of how to balance or harmonize such conflicting interests? On what basis shall the legislator or the judge decide in favor of this or that right in his legislation or judgement? Where shall we, for example, draw the line between the right to freedom of expression and the right to protect one’s honor and reputation? How could the legislator find the compromise between the state duty to protect fetus life and its obligation not to interfere with woman’s right …
The Nagging In Our Ears And Original Public Meaning,
2023
Marquette University Law School
The Nagging In Our Ears And Original Public Meaning, Perry Dane
Marquette Law Review
The debate over how to understand the meaning of legal texts once pitted intentionalism against a variety of other views united by the conviction that a legal enactment takes on a meaning not reducible to anybody’s mental state. Both these approaches are supported by powerful intuitions. This Article does not try to referee between them. Instead, it takes aim at a third set of views— theories of “original public meaning”—that in recent decades has upended the traditional debate and has now become gospel for the new majority on the United States Supreme Court.
Partisan Gerrymandering: The Promise And Limits Of State Court Judicial Review,
2023
Marquette University Law School
Partisan Gerrymandering: The Promise And Limits Of State Court Judicial Review, Norman R. Williams
Marquette Law Review
In 2021, the Oregon Legislature succeeded in redrawing the state’s legislative and congressional districts, but the new redistricting plans were immediately challenged in state court as partisan gerrymanders. The Oregon Supreme Court rejected the challenge to the state legislative map, but its analysis, which accorded significant deference to the legislature’s choices, raised more questions than answers about the appropriate level of scrutiny for state redistricting plans. A special, five-judge court likewise rejected the gerrymandering challenge to the congressional map, and, while its analysis was less deferential, its decision also left unanswered the fundamental question regarding at what point a redistricting …
Fact-Finding Without Rules: Habermas's Communicative Rationality As A Framework For Judicial Assessments Of Digital Open-Source Information,
2023
University of Essex Law School; United Nations Special Mandate holder (Vice-Chair of Working Group on Arbitrary Detention); Director of the Peace
and Justice Initiative
Fact-Finding Without Rules: Habermas's Communicative Rationality As A Framework For Judicial Assessments Of Digital Open-Source Information, Matthew Gillett
Michigan Journal of International Law
Jürgen Habermas’s theory of “communicative rationality” (also known as “communicative action”) provides a promising conceptual apparatus through which to justify and validate the International Criminal Court’s consideration of the emerging phenomenon of digital open-source information. Because of its process-based and inclusive qualities, Habermas’s communicative rationality is particularly apposite for the dynamic nature of digital open-source information and the heterogenous range of actors and institutions which have relevant experiences and skills to contribute to the generation of norms and determinations regarding its role before the Court. This is important, as the International Criminal Court’s procedural framework is largely silent on digital …
Valedictory Reference In Honour Of Justice Andrew Phang: Compilation Of Valedictory Addresses For Justice Andrew Phang,
2023
Singapore Management University
Valedictory Reference In Honour Of Justice Andrew Phang: Compilation Of Valedictory Addresses For Justice Andrew Phang, Hon. Sundaresh Menon, Indranee Rajah, Lucien Wong, Hon. Yihan Goh, Adrian Tan, Davinder Singh, Scott Tan, Hon. Andrew Phang
Singapore Law Journal (Lexicon)
On 15 December 2022, Justice Andrew Phang retired from the Supreme Court Bench. To pay tribute to Justice Phang’s 18 years of service, a Valedictory Reference was convened on 28 November 2022. The following is a collection of speeches delivered at the event by distinguished members of the Bar – a fitting tribute to celebrate Justice Phang’s outstanding contributions to local jurisprudence and legal scholarship, and the indelible mark he left on the lives of those around him.
When Patent Litigators Become Neurosurgeons,
2023
University of Washington School of Law
When Patent Litigators Become Neurosurgeons, Katie Chang
Washington Law Review Online
Patent law is where the law meets the most cutting-edge and innovative technology of its time. Usually, subject matter experts, with the help of lawyers, are the ones applying for patents. But when it comes to granting and enforcing patent rights, the job falls onto lawyers and judges, who, for the most part, are likely not experts in the relevant technical field. Bridging the gap between technological expertise and legal expertise has been a pain point in patent litigation, one that Congress has tried to rectify for many years. This Comment primarily examines one of Congress’s solutions—the Patent Pilot Program—and …
Justice Ginsburg's Journey To Dissents And Influence On Reproductive Rights,
2023
University of the District of Columbia School of Law
Justice Ginsburg's Journey To Dissents And Influence On Reproductive Rights, Songo Wawa
University of the District of Columbia Law Review
Justice Ruth Bader Ginsburg’s advocacy for gender equity, evidenced by her nationally famous dissents, began long before her 27 years on the Supreme Court. Prior to becoming a Supreme Court Justice, Attorney Ginsburg’s early experiences of gender inequity led to her advocacy for women’s rights as a law professor and as co-founder of the American Civil Liberties Union’s Women’s Rights Project. 1 Attorney Ginsburg’s legal strategy encompassed her pragmatic approach to voicing her opinions about gender equality. 2 In Gonzales v. Carhart, both her dissent announcement and written dissent demonstrated Justice Ginsburg’s commitment to women’s reproductive autonomy.3 Without Justice Ginsburg’s …
A History Of Exclusion: "For Cause" Challenges And Black Jurors,
2023
University of St. Thomas, Minnesota
A History Of Exclusion: "For Cause" Challenges And Black Jurors, Lauren Kingsbeck
University of St. Thomas Law Journal
No abstract provided.
Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy,
2023
Liberty University
Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy, Katie Cassady
Helm's School of Government Conference
Although only four departments at the United States’ founding, the American bureaucracy has expanded to address nearly every issue of public life. While these agencies are ostensibly under congressional oversight through monetary allowance and the supervision of the President as part of the executive branch, they consistently usurp their discretionary authority and bypass the Founders’ design of legislative power vested solely in a bicameral legislature.
The Supreme Court holds an indispensable role in mitigating the overreach of bureaucratic agencies. However, despite their obligation to protect the rights of the American people, the courts’ inability to hold bureaucrats accountable has diluted …
The New Laboratories Of Democracy,
2023
University of Pittsburgh, School of Law
The New Laboratories Of Democracy, Gerald S. Dickinson
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
Epic Fail: Harkenrider V. Hochul And New York's 2022 Misadventure In "Independent" Redistricting,
2023
Columbia Law School
Epic Fail: Harkenrider V. Hochul And New York's 2022 Misadventure In "Independent" Redistricting, Richard Briffault
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
Why Indiana Harbor Is The Worst Torts Decision In American History,
2023
University of Connecticut
Why Indiana Harbor Is The Worst Torts Decision In American History
Connecticut Law Review
Judge Richard A. Posner’s opinion for the Seventh Circuit in Indiana Harbor Belt Railroad Co. v. American Cyanamid Co., concerning a spill of the hazardous chemical acrylonitrile at a railyard near Chicago, is considered the definitive statement on the abnormally dangerous activity doctrine. That doctrine (also known as the ultrahazardous activity doctrine) holds that one who engages in an abnormally dangerous activity is strictly liable for harm caused to others, regardless of negligence. However, Judge Posner’s opinion suggests that strict liability should rarely displace the negligence standard, even for commercial activities that externalize high degrees of risk. That approach leads …
