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The Right to Arbitrate(?): Integrating Consumer Protection into Judicial Review of the McCarran-Ferguson Act and the New York Convention
Full text linkInternational commercial arbitration has grown increasingly popular as an alternative method of dispute resolution. This Comment explores the struggle courts face when they must determine whether to apply the New York Convention, an international treaty that recognizes and compels arbitration agreements, or a federal statute known as the McCarran-Ferguson Act, which delegates authority to the states to regulate insurance. Conflict arises when foreign insurers seek to compel arbitration under the New York Convention in states with antiarbitration insurance laws, and courts must choose between upholding domestic state laws or honoring the Treaty.
This Comment examines the method of analysis used by the First, Second, Fourth, Fifth, and Ninth Circuits to decide whether state antiarbitration laws reverse preempt the New York Convention. Further, this Comment analyzes how changing views on arbitration — reflected in proposed legislation such as the Forced Arbitration Injustice Repeal (FAIR) Act of 2023 — impacts how courts weigh certain factors in their analyses. This Comment concludes by calling for courts to engage in interest-balancing analysis with greater consideration for consumer protection in the resolution of insurance disputes with foreign insurers
Trump Should Pass On Project 2025\u27s Disparate Impact Plan
Full text linkAlthough President-elect Donald Trump disavowed reliance on, or even knowledge of, the Heritage Foundation\u27s Project 2025 agenda, his appointments and policy announcements have substantially tracked Project 2025 so far, suggesting that his administration will look to Project 2025 when choosing its goals
Against an AI Privilege
No full textIntroduction
Artificial intelligence (AI) systems are embedded in daily life, from writing assistance and customer service to medical triage and legal research. As people grow more accustomed to relying on conversational AI tools for advice, support, and reflection, the question arises whether communications with such systems deserve protection in court under the rules of evidence akin to attorney-client, psychotherapist-patient, or spousal privileges. This Essay argues that—at least under current technological, social, and institutional conditions—any such privilege would be premature, unworkable, and inconsistent with the historically rooted approach to evidentiary privileges.
The foregoing privileges rest on fiduciary duties, confidentiality safeguards, and accountability structures wholly absent from AI interactions. Extending privilege to these communications would be both unnecessary and affirmatively harmful, undermining the truth-seeking function of the courts without delivering the human-centered benefits that justify traditional privileges. Recognizing an AI privilege would entrench corporate opacity precisely when courts need transparency.
Against that backdrop, this Essay asks the threshold question: whether courts should recognize a freestanding evidentiary AI privilege, as many people already treat conversational AI tools as quasi-therapeutic sounding boards, turning to them for guidance in areas where stigma, shame, or cost might deter disclosure to a qualified human professional. The Essay develops the case against privilege and tests the strongest case for it—namely, that extending protection to certain AI interactions could promote candor, safeguard personal autonomy, and encourage more responsible use of emerging technologies—before ultimately rejecting the idea as doctrinally unsound and normatively undesirable
Inclusive Socratic Teaching: Why Law Schools Need It and How to Achieve It. (Book Presentation)
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Administrative Law and Process in a Nutshell, 7th Edition
No full textThis book offers a concise, knowledgeable guide to administrative law. In straightforward, readable prose, the authors not only summarize the dominant statutes and case law in the area, but also discuss informal administrative processes and the background realities of the regulatory state. Students can use the book as a complement to any major casebook, and practitioners will also find it an excellent brief introduction to this complex and important subject
Criminal Abortion and Citizen’s Arrest
Full text linkIn the aftermath of Dobbs v. Jackson Women’s Health Organization, many states rushed to classify abortion as homicide. In addition to criminalizing abortion, some states have shown a willingness to place enforcement of the new laws in the hands of ordinary citizens through a variety of private enforcement mechanisms. These new abortion statutes exist in tandem with existing citizen’s arrest laws to create the possibility for women, providers, and those who assist them to be subject to this problem-ridden doctrine. This Article analyzes potential scenarios in which these areas clash and pose new risks to exercising what was not long ago viewed as a settled constitutional right. Because of the chilling effect on abortion health care and the threat to privacy and safety, the Article concludes that citizen’s arrest should not be applicable in the abortion context
El Derecho A La Privacidad Del Pensamiento: Neurotechnología En El Sistema Interamericano De Derechos Humanos
No full textLa historia de la tecnofobia y el ludismo nos enseña que superar el miedo a lo nuevo implica reflexionar sobre cómo enfrentamos las innovaciones pasadas. Mirando hacia atrás, podemos identificar que invenciones o descubrimientos—ahora esenciales—enfrentaron resistencia inicial antes de ser aceptadas de forma general. Por mencionar algunas: los teléfonos, la electricidad, las vacunas, los elevadores, aviones, automóviles, las computadoras y más
From the KKK to the Modern Day: How an Accurate Understanding of History can Inform the Proper Standard for Punishing Civil Rights Conspiracies Under 42 U.S.C. § 1985(3)
Full text linkFollowing the Civil War, Congress passed the Reconstruction Amendments, which secured political rights for newly freed slaves and ushered in a new era for the United States. The Union defeated white Southerners on the battlefield and removed former Confederates from the halls of political power. But white Southerners were still Confederates in spirit. Full of racial hatred, they did not perceive a new era of freedom, but a world twisted into an unnatural order where African Americans walked freely amongst white people and participated in the political process of Southern society. In response to the extension of basic freedoms to African Americans, or, as some saw it, the imposition of “Yankee values,” the Ku Klux Klan (“KKK”) was born. Night-riders terrorized Black Americans and white allies in the Klan’s attempt to murder, torture, and intimidate its way back into political power. To quell the violence and assure the newly guaranteed constitutional rights of the freed-men, Congress passed the Enforcement Acts, including what became known as the Ku Klux Klan Act of 1871