International Law

Introduction Traffic lights today are not just signals—they are sensors, too. “Smart” infrastructure is quickly but quietly lining public roads. Forty percent of American intersections will be smart by 2040.[1] This digitization would happen sooner if traffic authorities were not...

Introduction In the twenty-first-century United States, patents—government grants of exclusive rights to the originator of a new and useful invention—are part of the politics of the border.[1] Patents are relevant to the U.S. border in at least three ways. First,...

The United States makes bad choices when it comes to psychoactive drugs. Under the Controlled Substances Act (CSA), U.S. drug law has simultaneously fueled mass incarceration, inhibited needed access, and enabled an opioid crisis.The postDrug Scheduling as Institutional Designappeared first...

The Digital Fourth Amendment is written by Professor Orin Kerr, one of the country’s foremost authorities on the Fourth Amendment, electronic privacy, and criminal procedure. Kerr’s work has been deeply influential in shaping how courts are looking at and deciding...

Sometimes what we call a practice can matter just as much as the practice itself. Jury nullification has a storied history dating back to...The postThe Semantics of Jury Nullification: How Terminology Shapes (and Misshapes) the Jury’s Roleappeared first onHarvard Law...

State constitutions serve as important sources of individual rights. They often extend broader protections than the Federal Constitution and have, in some instances, included...The post<em>Black Voters Matter Capacity Building Institute, Inc. v. Secretary, Florida Department of State</em>appeared first onHarvard Law...

The Supreme Court has long declared itself “supreme in the exposition of the law of the Constitution.” But that does not leave the state...The post<em>People v. Thompson</em>appeared first onHarvard Law Review.

* * * Case NameCitationForm of Comparison / Level of RelianceOpinionDefensive?PlainMeaning?Abbott v. Perez138 S. Ct. 2305 (2018)Both policy and administrability / Undesirable results +...The postAppendix to Practical Consequences in Statutory Interpretationappeared first onHarvard Law Review.

The Trump Administration’s assault on the administrative state has received significant attention. But it is a mistake to interpret the weakening of the administrative state during the first or second Trump Administration as exceptional, or as a cyclical, asymmetric phenomenon...

Abstract As artificial intelligence (AI) becomes increasingly integrated into climate prediction systems, questions of ethical governance and accountability have emerged as critical but underexplored challenges. While international frameworks provide general AI governance principles, their application to environmental science contexts remains...

Each year, millions of Americans rely on public defenders to fulfill their Sixth Amendment right to counsel. Despite being the linchpin of the criminal justice system, public defense remains both underfunded and understudied. This Article provides empirical analysis to contribute...

Acknowledgement of History The Virginia Law Review, established in 1913, has enjoyed a reputation of publishing leading scholarship—pieces that have changed laws, been cited in Supreme Court opinions, and spotlighted the ideas of both prominent scholars and emerging voices. The...

Sometimes the best lessons you learn are when you do have failings. You can always learn more when you don’t do something exactly right.[1] —Nick Saban, Alabama Head Football Coach 2007–2024.[2] Introduction If the best lessons emerge from failure, the...

Introduction Antitrust law has won.[1] The National College Athletic Association (NCAA)[2] has lost.[3] Or so it seems with the settlement in the House[4] case, which provides for revenue sharing between college athletes and their institutions.[5] The NCAA’s long held ideal...

Introduction In the spring and summer of 2023, the Supreme Court found itself floating amidst a sea of controversy. After reports circulated that Justice Thomas had received numerous undisclosed gifts from billionaire megadonor Harlan Crow, many began to question the...

Introduction In 1975, a United States Senate Select Committee known as the Church Committee began a formal inquiry into the activities of the major U.S. intelligence agencies and exposed, for the first time, the true extent of their operations.[1] The...

Introduction The first few scenes of the Trump presidency sequel have been action-packed. The White House’s news-getting activity has triggered similarly newsworthy happenings in the federal courts. Lower courts have put temporary halts on executive actions relating to DEI programs,[1]...

Introduction Guns play a variety of roles in American life—as tools of crime and self-defense, political symbols, markers of individual identity, instruments of recreation, and more. But at the most basic level, guns are a technology designed to inflict violence,...

Introduction In cities across America, Real-Time Crime Centers monitor the streets.[1] Surveillance cameras feed video monitors, sensors alert to unusual activities, automated license plate readers scan passing cars, gunshot detection systems report loud sounds, and community-aided dispatch calls animate a...

Introduction American consumers are racking up credit card debt like never before.[1] Despite “rising wages and a low unemployment rate,” delinquencies are on the rise[2] and increasing at a rate unrivaled since the 2008 financial crisis.[3] And while lower income...

Introduction Since the nation’s founding, major political parties have clashed over the rules that govern our elections.[1] The intensity of these conflicts has fluctuated, with some periods marked by subdued disputes and others by fierce legislative battles and litigation. Over...

Courts and the law are playing an increasingly important political role. Courts are redefining public policies decided by representative authorities, and citizens are using the law and rights-framed discourses as political tools to address private and social demands, as well...

Abstract This paper examines racial discrimination and algorithmic bias in predictive policing algorithms (PPAs), an emerging technology designed to predict threats and suggest solutions in law enforcement. We first describe what discrimination is in a case study of Chicago’s PPA....

Abstract Artificial intelligence (AI) has an important role in digital transformation worldwide, including in Indonesia. AI itself is a simulation of human intelligence that is modeled in machines and programmed to think like humans. At the time AI and the...

Researchers and practitioners from different disciplines have highlighted the ethical and legal challenges posed by the use of machine learned models and data-driven systems, and the potential for such systems to discriminate against certain population groups, due to biases in...

Digital Earth applications provide a common ground for visualizing, simulating, and modeling real-world situations. The potential of Digital Earth applications has increased significantly with the evolution of artificial intelligence systems and the capacity to collect and process complex amounts of...

The field of Natural Language Processing (NLP) has experienced significant growth in recent years, largely due to advancements in Deep Learning technology and especially Large Language Models. These improvements have allowed for the development of new models and architectures that...

Abstract Machine learning algorithms (ML) are increasingly used to support decision-making in the exercise of public authority. Here, we argue that an important consideration has been overlooked in previous discussions: whether the use of ML undermines the democratic legitimacy of...