The University of Chicago Legal Forum
@uchilegalforum.bsky.social
The Legal Forum focuses on a single cutting-edge legal issue every year, edited by students at @uchicagolaw.bsky.social
Read "How Civil Aiding and Abetting Liability for Terrorist Activities Applies to Social Media Companies—And How it Does Not" now: legal-forum.uchicago.edu/print-archiv...
How Civil Aiding and Abetting Liability for Terrorist Activities Applies to Social Media Companies—And How it Does Not | The University of Chicago Legal Forum
The 2023 Supreme Court case Twitter v. Taamneh found that defendant social media companies were not liable for aiding and abetting a terrorist attack overseas. The Court alluded to the existence of an...
legal-forum.uchicago.edu
January 31, 2025 at 7:15 PM
Read "How Civil Aiding and Abetting Liability for Terrorist Activities Applies to Social Media Companies—And How it Does Not" now: legal-forum.uchicago.edu/print-archiv...
Nathaniel Parr argues that, after Twitter v. Taamneh, it is nearly impossible to impose liability upon social media companies for aiding terrorism. As such, alternative solutions are needed to encourage social media sites to heighten their detection of terrorist activity.
January 31, 2025 at 7:15 PM
Nathaniel Parr argues that, after Twitter v. Taamneh, it is nearly impossible to impose liability upon social media companies for aiding terrorism. As such, alternative solutions are needed to encourage social media sites to heighten their detection of terrorist activity.
Read "TakeTok: Does a TikTok Ban Violate the Takings Clause?" now: legal-forum.uchicago.edu/print-archiv...
TakeTok: Does a TikTok Ban Violate the Takings Clause? | The University of Chicago Legal Forum
In 2024, President Biden signed the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), which required TikTok’s parent company ByteDance to sell TikTok to a company in a ...
legal-forum.uchicago.edu
January 31, 2025 at 7:15 PM
Read "TakeTok: Does a TikTok Ban Violate the Takings Clause?" now: legal-forum.uchicago.edu/print-archiv...
Kevin Marien argues that the law used to ban TikTok and other foreign apps does not violate the Constitution’s Takings Clause, even if it results in a total diminution of value, because of the Supreme Court’s contraband and national security exceptions to the Takings Clause.
January 31, 2025 at 7:15 PM
Kevin Marien argues that the law used to ban TikTok and other foreign apps does not violate the Constitution’s Takings Clause, even if it results in a total diminution of value, because of the Supreme Court’s contraband and national security exceptions to the Takings Clause.
Read "Seeking the Divine: A Proposed Methodology of Religion to Resolve Adjudications Over the Nexus Inquiry in Religious Asylum Claims" now: legal-forum.uchicago.edu/print-archiv...
Seeking the Divine: A Proposed Methodology of Religion to Resolve Adjudications Over the Nexus Inquiry in Religious Asylum Claims | The University of Chicago Legal Forum
Under the Immigration and Nationality Act (INA), individuals who have experienced past persecution or fear future persecution because of their religious beliefs can apply for asylum in the United Stat...
legal-forum.uchicago.edu
January 31, 2025 at 7:15 PM
Read "Seeking the Divine: A Proposed Methodology of Religion to Resolve Adjudications Over the Nexus Inquiry in Religious Asylum Claims" now: legal-forum.uchicago.edu/print-archiv...
Saloni S. Jaiswal addresses a circuit split on the necessary causal connection to persecution for asylum claims. She proposes a four-part definitional methodology of religion and argues that a but-for causation standard is sufficient for religious asylum claims.
January 31, 2025 at 7:15 PM
Saloni S. Jaiswal addresses a circuit split on the necessary causal connection to persecution for asylum claims. She proposes a four-part definitional methodology of religion and argues that a but-for causation standard is sufficient for religious asylum claims.
Read "Scrutinizing National Security: A Call for Clear and Convincing Evidence in § 1226(a) Prolonged Detention Cases" now: legal-forum.uchicago.edu/print-archiv...
Scrutinizing National Security: A Call for Clear and Convincing Evidence in § 1226(a) Prolonged Detention Cases | The University of Chicago Legal Forum
A noncitizen detained under 8 U.S.C. § 1226(a) may be detained indefinitely until her removal order is finalized. Detainees have challenged prolonged detention following a detainee’s bond hearing on F...
legal-forum.uchicago.edu
January 31, 2025 at 7:15 PM
Read "Scrutinizing National Security: A Call for Clear and Convincing Evidence in § 1226(a) Prolonged Detention Cases" now: legal-forum.uchicago.edu/print-archiv...
Rosie Gruen argues that, when applying Mathews v. Eldridge to detentions of noncitizens, the government should be required to prove by clear and convincing evidence the existence of a national security interest and a direct connection between the interest and the detention.
January 31, 2025 at 7:15 PM
Rosie Gruen argues that, when applying Mathews v. Eldridge to detentions of noncitizens, the government should be required to prove by clear and convincing evidence the existence of a national security interest and a direct connection between the interest and the detention.
Read "Adjusting Immunity for Unconstitutional Torts" now: legal-forum.uchicago.edu/print-archiv...
Adjusting Immunity for Unconstitutional Torts | The University of Chicago Legal Forum
Sovereign immunity protects the government from liability arising in suits brought against it by citizens. The Federal Tort Claims Act (FTCA) broadly waives sovereign immunity for tort claims against ...
legal-forum.uchicago.edu
January 31, 2025 at 7:15 PM
Read "Adjusting Immunity for Unconstitutional Torts" now: legal-forum.uchicago.edu/print-archiv...
Liam Grah argues that the discretionary function exception to the FTCA should apply to unconstitutional tortious conduct only when the challenged acts violate clearly established constitutional rights that a reasonable officer would have known.
January 31, 2025 at 7:15 PM
Liam Grah argues that the discretionary function exception to the FTCA should apply to unconstitutional tortious conduct only when the challenged acts violate clearly established constitutional rights that a reasonable officer would have known.
Read "Water Security in the Wake of Arizona v. Navajo Nation: How the President’s Emergency Powers Can Provide a Path Forward for the Navajo Nation" now: legal-forum.uchicago.edu/print-archiv...
Water Security in the Wake of Arizona v. Navajo Nation: How the President’s Emergency Powers Can Provide a Path Forward for the Navajo Nation | The University of Chicago Legal Forum
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In 2023, the Supreme Court decided Arizona v. Navajo Nation, finding that the United States government does not have an affirmative duty to ensure the Navajo Nation’s water security. The decision offe...
legal-forum.uchicago.edu
January 31, 2025 at 7:15 PM
Read "Water Security in the Wake of Arizona v. Navajo Nation: How the President’s Emergency Powers Can Provide a Path Forward for the Navajo Nation" now: legal-forum.uchicago.edu/print-archiv...
Arizona v. Navajo Nation held that the United States has no obligation to ensure the water security of the Navajo Nation. In response, Kelly Bridges identifies the Stafford Act as the best prospect for the Navajo to advance their water rights.
January 31, 2025 at 7:15 PM
Arizona v. Navajo Nation held that the United States has no obligation to ensure the water security of the Navajo Nation. In response, Kelly Bridges identifies the Stafford Act as the best prospect for the Navajo to advance their water rights.
Read "'Sportswashing' as a National Security Concern: The Role of the Committee on Foreign Investment in the United States (CFIUS)" now: legal-forum.uchicago.edu/print-archiv...
“Sportswashing” as a National Security Concern: The Role of the Committee on Foreign Investment in the United States (CFIUS) | The University of Chicago Legal Forum
This Comment argues that foreign investment in domestic sporting institutions presents a novel, legitimate threat justifying executive attention. This Comment posits that sports are not simply a form ...
legal-forum.uchicago.edu
January 31, 2025 at 7:15 PM
Read "'Sportswashing' as a National Security Concern: The Role of the Committee on Foreign Investment in the United States (CFIUS)" now: legal-forum.uchicago.edu/print-archiv...
"Sportswashing" is an increasingly popular, and murky, label used to criticize unpopular investments in the sports world. Luke Bianco examines the practice from a legal perspective, articulating a framework to analyze the practice’s potential national security implications.
January 31, 2025 at 7:15 PM
"Sportswashing" is an increasingly popular, and murky, label used to criticize unpopular investments in the sports world. Luke Bianco examines the practice from a legal perspective, articulating a framework to analyze the practice’s potential national security implications.
Read "Extraction, Retention, and Use: Applying Use-Restrictions to Fourth Amendment Forensic Electronic Device Search Doctrine at the Border" now: legal-forum.uchicago.edu/print-archiv...
Extraction, Retention, and Use: Applying Use-Restrictions to Fourth Amendment Forensic Electronic Device Search Doctrine at the Border | The University of Chicago Legal Forum
Annually, agents collect the forensic digital data of over 40,000 international travelers. This Comment addresses the splintering doctrine between the First, Fourth, Ninth, and Eleventh Circuits regar...
legal-forum.uchicago.edu
January 31, 2025 at 7:15 PM
Read "Extraction, Retention, and Use: Applying Use-Restrictions to Fourth Amendment Forensic Electronic Device Search Doctrine at the Border" now: legal-forum.uchicago.edu/print-archiv...
Daniel Vicente Alayo-Matos resolves a circuit split on the level of suspicion needed for CPB to extract data from travelers at the border under the Fourth Amendment by suggesting that CPB should need different levels of suspicion for extraction, storage, and use of traveler data.
January 31, 2025 at 7:15 PM
Daniel Vicente Alayo-Matos resolves a circuit split on the level of suspicion needed for CPB to extract data from travelers at the border under the Fourth Amendment by suggesting that CPB should need different levels of suspicion for extraction, storage, and use of traveler data.
Read "Big Data as a National Security Issue" now: legal-forum.uchicago.edu/print-archiv...
Big Data as a National Security Issue | The University of Chicago Legal Forum
This Article considers the national security implications of the legal vacuum concerning modern enhancements of data mining. Its key insight is to distinguish big data as an emergent entity from the c...
legal-forum.uchicago.edu
January 31, 2025 at 7:15 PM
Read "Big Data as a National Security Issue" now: legal-forum.uchicago.edu/print-archiv...
@pbs3.bsky.social argues that big data has developed in a legal vacuum, which presents national security threats when it is targeted or used. Instead, we should bring order to big data by treating it as an emergent system governed by property rules that apply to the system as a whole.
January 31, 2025 at 7:15 PM
@pbs3.bsky.social argues that big data has developed in a legal vacuum, which presents national security threats when it is targeted or used. Instead, we should bring order to big data by treating it as an emergent system governed by property rules that apply to the system as a whole.
Read "Terrorism, Not Treason: The Rise and Fall of Criminal Charges" now: legal-forum.uchicago.edu/print-archiv...
Terrorism, Not Treason: The Rise and Fall of Criminal Charges | The University of Chicago Legal Forum
This Article advances both legal and sociocultural explanations for the near absence of treason charges in the “war on terror” and the implications for addressing political violence. On the legal side...
legal-forum.uchicago.edu
January 31, 2025 at 7:15 PM
Read "Terrorism, Not Treason: The Rise and Fall of Criminal Charges" now: legal-forum.uchicago.edu/print-archiv...