International Law

view Abstract Citations (9701) References (43) Co-Reads Similar Papers Volume Content Graphics Metrics Export Citation NASA/ADS The Relationship between Infrared, Optical, and Ultraviolet Extinction Cardelli, Jason A. ; Clayton, Geoffrey C. ; Mathis, John S. Abstract The parameterized extinction data...

The Supreme Court’s recent embrace of “historical practices and understandings” in interpreting the Establishment Clause has emboldened states to challenge forty-five years of precedent prohibiting Ten Commandments displays in public schools. Yet, these states advance…The postTen Commandments Cases: Learning from...

New Deal Law and Order: How the War on Crime Built the Modern Liberal State. By Anthony Gregory. Harvard University Press. 2024. Pp. 473. $45. Introduction A vast body of scholarship situates itself in the…The postWhat’s Left of the New...

With some frequency, courts wrestle with whether litigants can appeal after dismissal without prejudice. But there is no helpful general rule to answer this question. That’s because the without-prejudice designation is more or less irrelevant…The postThere Is No Helpful General...

This essay examines the judicial aftermath of Food Marketing Institute v. Argus Leader Media, a controversial 2019 Supreme Court decision that broadened the Freedom of Information Act (FOIA) exemption for trade secrets and confidential commercial…The postNarrowing FOIA’s Exemption for Business...

Introduction Following the Trump administration’s significant reshaping of the federal judiciary and a number of blockbuster Supreme Court cases during the October 2021 and October 2022 Terms, environmental law is shifting rapidly toward a more…The postThe Jurisprudence of Justice Gorsuch...

Introduction I see the sun, and if I don’t see the sun, I know it’s there. And there’s a whole life in that, in knowing that the sun is there. —Fyodor Dostoevsky The time to…The postPricing Solar Development Optionsappeared first...

In Loper Bright v. Raimondo, the Supreme Court adopted and deployed a particular narrative about agency action in support of overruling Chevron: Agencies reverse their own statutory interpretations “as much as [they] like[],” creating pervasive instability in the law, thereby...

Agency rulemakings are a critical component of contemporary governance. This Article argues that there are a distinct set of modalities that characterize how agencies formulate and justify their rules. Just as the well-known modalities of constitutional interpretation capture the norms...

In overturning Chevron, the Supreme Court’s Loper Bright decision clearly changed the way in which courts must approach judicial review of agency actions interpreting statutes. But Loper Bright stopped well short of declaring that courts should always ignore agency interpretations...

The legal and ethical issues that confront society due to Artificial Intelligence (AI) include privacy and surveillance, bias or discrimination, and potentially the philosophical challenge is the role of human judgment. Concerns about newer digital technologies becoming a new source...

Introduction Contestation over methodology remains an enduring friction point in the discourse on the Takings Clause. For decades, the Supreme Court’s takings jurisprudence has vacillated between categorical, per se reasoning and contextual, ad hoc inquiries into what fairness and justice...

The American Law Institute is set to release a first ever Restatement of the Law in the area of Children and the Law to address the increasingly convoluted treatment of children across legal systems.[1] Children’s rights scholars have long critiqued...

Introduction Modern society faces a paradox: While corporations can be useful engines of innovation and value creation, they increasingly operate as vectors for profound public harm beyond the reach of public regulation. The “economic and human tolls,” experts note, “almost...

Introduction The United States patent system is commonly justified by its provision of economic incentives for innovation.[1] But this justification comes with constant concern that the social benefits of innovation that the patent system stimulates might not outweigh the sum...

Introduction At the core of intellectual property (IP) law lies a fundamental question of political philosophy: Can any argument justify the state’s grant of private property rights in intangibles?[1] To this question, scholars have responded that IP rights can be...

Introduction For more than 40 years, the Federal Circuit required courts evaluating whether a claimed design was obvious to use a rigid and narrow set of criteria that were disconnected from design practice and almost invariably led courts to the...

Concerns regarding unfairness and discrimination in the context of artificial intelligence (AI) systems have recently received increased attention from both legal and computer science scholars. Yet, the degree of overlap between notions of algorithmic bias and fairness on the one...

The widespread adoption of AI-powered business analytics applications has revolutionized decision-making, yet it has also introduced significant challenges related to algorithmic bias, data ethics, and governance. As organizations increasingly rely on machine learning and big data analytics for customer profiling,...

Researchers and practitioners in the fairness community have highlighted the ethical and legal challenges of using biased datasets in data-driven systems, with algorithmic bias being a major concern. Despite the rapidly growing body of literature on fairness in algorithmic decision-making,...

This article describes the study results of semi-structured data processing and analysis of the Russian court decisions (almost 30 million) using distributed cluster-computing framework and machine learning. Spark was used for data processing and decisions trees were used for analysis....

Abstract There is a broad consensus that artificial intelligence should contribute to the common good, but it is not clear what is meant by that. This paper discusses this issue and uses it as a lens for analysing what it...

Abstract Generative Artificial Intelligence (AI) models must be trained on vast quantities of data, much of which is composed of copyrighted material. However, AI developers frequently use such content without seeking permission from rightsholders, leading to calls for requirements to...

Big data and its use by artificial intelligence (AI) is changing the way intellectual property is developed and granted. For decades, machines have been autonomously generating works which have traditionally been eligible for copyright and patent protection. Now, the growing...